Department of Labor: cbrp0516

STATE POLICE
[NP-1]
BARGAINING UNIT
CONTRACT
BETWEEN
STATE OF CONNECTICUT
AND
CONNECTICUT STATE POLICE UNION
EFFECTIVE: JULY 1, 1999 EXPIRING: JUNE 30, 2004

TABLE OF CONTENTS
PREAMBLE .........................................................................................1
ARTICLE 1
RECOGNITION ........................................................................................... 1
ARTICLE 2
ENTIRE AGREEMENT ................................................................................. 1
ARTICLE 3
NON-DISCRIMINATION AND AFFIRMATIVE ACTION .................................... 2
ARTICLE 4
NO STRIKES - NO LOCKOUTS ..................................................................... 3
ARTICLE 5
MANAGEMENT RIGHTS .............................................................................. 3
ARTICLE 6
UNION SECURITY AND PAYROLL DEDUCTIONS ......................................... 4
ARTICLE 7
UNION RIGHTS........................................................................................... 5
ARTICLE 8
EVALUATIONS ........................................................................................... 9
ARTICLE 9
PERSONNEL FILES.................................................................................... 10
ARTICLE 10
TRAINING ................................................................................................ 15
ARTICLE 11
WORKING TEST PERIOD ........................................................................... 15
ARTICLE 12
SENIORITY .............................................................................................. 16
ARTICLE 13
ORDER OF LAYOFF OR REEMPLOYMENT ................................................. 17
ARTICLE 14
GRIEVANCE PROCEDURE ......................................................................... 18
ARTICLE 15
DISCIPLINE .............................................................................................. 23
ARTICLE 16
FITNESS FOR DUTY AND LIGHT DUTY .................................................... 29
ARTICLE 17
HOURS OF WORK, WORK SCHEDULES AND OVERTIME ............................. 32
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ARTICLE 18
TEMPORARY SERVICE IN A HIGHER CLASS ...............................................36
ARTICLE 19
COMPENSATION ......................................................................................38
ARTICLE 20
TROOPER TRAINEES .................................................................................42
ARTICLE 21
METHOD OF SALARY PAYMENT ...............................................................45
ARTICLE 22
GROUP HEALTH INSURANCE ....................................................................47
ARTICLE 23
PREGNANCY, MATERNAL , PATERNAL AND FAMILY LEAVE .....................47
ARTICLE 24
BID SHIFT ................................................................................................48
ARTICLE 25
LABOR-MANAGEMENT COMMITTEE.........................................................53
ARTICLE 26
INDEMNIFICATION ...................................................................................56
ARTICLE 27
SAFETY AND RELATED WORKING CONDITIONS ........................................56
ARTICLE 28
VACATIONS .............................................................................................57
ARTICLE 29
OFF-DUTY USE OF STATE VEHICLES .........................................................58
ARTICLE 30
HOLIDAYS ...............................................................................................58
ARTICLE 31
RETIREMENT ...........................................................................................59
ARTICLE 32
SICK LEAVE, PERSONAL LEAVE, OR OTHER PAID OR UNPAID LEAVE
OF ABSENCES .........................................................................................59
ARTICLE 33
MISCELLANEOUS .....................................................................................60
ARTICLE 34
LEGISLATIVE ACTION ..............................................................................63
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ARTICLE 35
SAVINGS CLAUSE .................................................................................... 63
ARTICLE 36
SUPERSEDENCE ....................................................................................... 63
ARTICLE 37
DURATION OF AGREEMENT AND NEGOTIATION REOPENERS .................... 64
APPENDIX A
STATE POLICE LONGEVITY SCHEDULE.................................................... 65
APPENDIX B
ADDITIONAL UNDERSTANDING-ZERO TOLERANCE POLICY .................... 66
APPENDIX C
FAMILY AND MEDICAL LEAVE FROM EMPLOYMENT .............................. 67
APPENDIX D
(REGULATIONS REFERENCED IN ARTICLE 32, SECTION ONE)
SICK LEAVE ............................................................................................. 73
APPENDIX E
UNDERSTANDINGS
"HCP AND OPA" OVERTIME ASSIGNMENTS .......................................... 77
APPENDIX F
LETTER OF CLARIFICATION
RE: ARTICLE 15. SECTION SEVEN (A) ................................................... 78
APPENDIX G
STIPULATION REGARDING
ELIGIBILITY FOR NIGHT SHIFT DIFFERENTIAL......................................... 79
APPENDIX H
SUPERSEDENCE ....................................................................................... 82
APPENDIX I
PAY PLANS.............................................................................................. 83
BARGAINING COMMITTEE .............................................................. 84
BARGAINING TEAM, STATE POLICE, OFFICE OF LABOR RELATIONS ....... 85
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PREAMBLE
STATE OF CONNECTICUT, acting by and through the
Office of Labor Relations hereinafter called "the State" or "the
Employer", and CONNECTICUT STATE POLICE UNION,
hereinafter called "the Union", WITNESSETH:
WHEREAS the parties of this Agreement desire to
establish a state of amicable understanding, cooperation and
harmony; and
WHEREAS the parties of this Agreement consider
themselves mutually responsible to improve the public service
through increased morale, efficiency and productivity; now,
therefore the parties mutually agree as follows:
ARTICLE 1
RECOGNITION
The State of Connecticut herein recognizes the
Connecticut State Police Union as the exclusive representative
for the purpose of collective bargaining in accordance with
C.G.S. Section 5-270 et seq. for those employees in the NP-1
bargaining unit pursuant to SE-5982 and SE-7706, and further
as may be amended by agreement of the parties.
ARTICLE 2
ENTIRE AGREEMENT
This Agreement, upon ratification, supersedes and cancels
all prior practices and agreements, whether written or oral,
unless expressly stated to the contrary herein, and constitutes
the complete and entire agreement between the parties and
concludes collective bargaining for its term.
The parties acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and
opportunity to make demands and proposals with respect to any
subject or matter not removed by law from the area of collective
bargaining, and that the understanding and agreements arrived at
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by the parties after the exercise of that right and opportunity are
set forth in this Agreement. Therefore, the State and the Union,
for the duration of this Agreement, each voluntarily and
unqualifiedly waives the right, and each agrees that the other
shall not be obligated, to bargain collectively with respect to any
subject or matter referred to or covered in this Agreement, even
though such subjects or matters may not have been within the
knowledge or contemplation of either or both of the parties at the
time they negotiated or signed this Agreement.
The provisions of this Article are subject to the
Miscellaneous Article, Section Two, and no such provision shall
be deemed to have been vitiated by reason of this Article.
ARTICLE 3
NON-DISCRIMINATION AND AFFIRMATIVE ACTION
Section One. The parties herein agree that neither shall
discriminate against nor harass sexually any employee on the
basis of race, color, creed, sex, sexual orientation, age, national
origin, marital status or lawful political activity.
Section Two. Neither party shall discriminate against an
employee on the basis of membership or non-membership or
lawful activity in behalf of the exclusive bargaining agent.
Section Three. Affirmative Action. The parties
acknowledge the need for positive and aggressive affirmative
action to redress the effects of past discrimination, if any, to
prevent further discrimination, and to ensure equal opportunity in
the application of this Agreement. The Labor Management
Committee (but not the grievance procedure) shall be the proper
forum for problems, ripe or anticipated, which impact upon the
philosophy and/or directives of this section.
Section Four. No person shall be denied a position or a
promotion solely because it will result in their working with or
for a member of their family.
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ARTICLE 4
NO STRIKES - NO LOCKOUTS
Section One. Neither the Union nor any employee shall
engage in, induce, support, or encourage, a strike, sympathy
strike, work stoppage, slowdown, concerted withholding of
services, sickout or any failure to perform duty in connection
with the above. This article shall be deemed to prohibit the
concerted boycott or refusal of overtime work.
Section Two. The Union shall exert its best efforts to
prevent or terminate any violation of Section One of this Article.
Prompt notification to members of their obligations under this
Agreement will ordinarily constitute full compliance with this
Section
Section Three. The employer agrees that during the life of
this Agreement there shall be no lock-out.
ARTICLE 5
MANAGEMENT RIGHTS
Except as otherwise limited by an express provision of this
Agreement, the State reserves and retains, whether exercised or
not, all the lawful and customary rights, powers and prerogatives
of public management. Such rights include but are not limited to
establishing standards of productivity and performance of its
employees; determining the mission of an agency and the
methods and means necessary to fulfill that mission, including
the contracting out of or the discontinuation of services,
positions, or programs in whole or in part; the determination of
the content of job classifications; the appointment, promotion,
assignment, direction and transfer of personnel; the suspension,
demotion, discharge or any other appropriate action against its
employees; the relief from duty of its employees because of lack
of work or for other legitimate reasons; the establishment of
reasonable work rules, and the taking of all necessary actions to
carry out its mission in emergencies.
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ARTICLE 6
UNION SECURITY AND PAYROLL DEDUCTIONS
Section One. During the life of this Agreement, an
employee retains the freedom of choice whether or not to become
or remain a member of the Union which has been designated as
the exclusive bargaining agent.
Section Two. Union dues shall be deducted by the State
employer biweekly from the paycheck of each employee who
signs and remits to the State an authorization form. Such
deduction shall be discontinued upon written request of an
employee 30 days in advance.
Section Three. An employee who within 30 days after
initial employment fails to become a member of the Union or an
employee whose membership is terminated for non-payment of
dues or who resigns from membership shall be required to pay an
agency service fee under Section Four.
Section Four. The State shall deduct the agency service fee
biweekly from the paycheck of each employee who is required
under Section 5-280 of the Connecticut General Statutes to pay
such fee as a condition of employment, provided, however, no
such payment shall be required of an employee whose
membership is terminated for reasons other than nonpayment of
Union dues or who objects to payment of such fee based on the
tenets of a religious sect. The amount of agency service fee shall
not exceed the minimum applicable dues payable to the exclusive
bargaining agent. Employees objecting on religious grounds
shall make a monthly contribution to an I.R.S. recognized
charity, designated by mutual agreement of the Employer and
Union equivalent to union dues.
Section Five. The amount of dues or agency fee deducted
under this Article shall be promptly remitted to the Treasurer of
the Union after the payroll period in which the deduction is
made, together with a list of employees for whom such deduction
is made.
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Section Six. No payroll deduction of dues or agency service
fee shall be made from workmen's compensation or for any
payroll period in which earnings received are insufficient to
cover the amount of deduction, nor shall such deductions be
made from subsequent payrolls to cover the period in question
(non-retroactive).
Section Seven. Payroll deduction of Union dues shall be
discontinued for other employee organizations not parties to this
Agreement.
Section Eight. The State employer shall continue its
practice of payroll deductions as authorized by employees for
purposes other than payment of Union dues or agency service
fee, provided any such payroll deduction has been approved by
the State in advance.
Section Nine. The Union shall indemnify the State for any
liability or damages incurred by the State in compliance with this
Article.
ARTICLE 7
UNION RIGHTS
Section One. Employer representatives shall deal with
Union-designated stewards or representatives exclusively in the
processing of grievances or any other aspect of contract
administration. Employer representatives may deal directly with
an employee provided that employee has waived his/her right to
union representation.
Section Two. The Union will furnish the Office of Labor
Relations and the Department with the list of stewards designated
to represent any segment of employees covered by this
Agreement, specifying the jurisdiction of each steward and shall
keep the list current.
Section Three. Access to Premises. Union staff
representatives shall be permitted to enter the facilities of an
agency at any reasonable time for the purpose of discussing,
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processing or investigating grievances as defined in this
Agreement, or fulfilling its role as collective bargaining agent
provided that they give notice prior to arrival, or if that is not
possible, provided that they give notice of their presence
immediately to the supervisor in charge, or Labor Relations Unit
if supervisor is not available, and do not interfere with the
performance of duties.
The Union will furnish the Office of Labor Relations and the
Department with a current list of its staff personnel and their
jurisdictions, and shall maintain the currency of said list.
Section Four. (a) Role of Steward in Processing
Grievances. The Steward will obtain permission from their
immediate supervisors when they desire to leave their work
assignments to properly and expeditiously carry out their duties
in connection with this Agreement. Such permission will be
routinely granted unless their absence will impair a significant
police function. When contacting an employee, the steward will
first report to and obtain permission to see the employee from his
supervisor and such permission will be granted unless the work
situation or an emergency demands otherwise. If the immediate
supervisor is unavailable, permission will be requested from the
next level of supervision. Requests by stewards to meet with
employees and/or employees to meet with stewards will state the
name of the employee involved, his location, indicating the
general character of union business to be discussed and the
approximate time that will be needed. Stewards thus engaged
will report back to their supervisors on completion of such duties
and return to their job and will suffer no loss of pay or other
benefits as a result thereof. The sufficiency of steward coverage
shall be a subject of continuing consultation between the
Employer and the Union. The Union, the Office of Labor
Relations, and the Department will cooperate in preventing abuse
under this Section and in encouraging effective labor relations
under this Agreement.
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(b) Steward Stability. For the duration of this Agreement
no steward assigned to a troop command (as distinguished from a
specialized work unit) shall be involuntarily transferred to a
different troop command except as follows:
(1) a transfer which is designated as disciplinary;
(2) a "special skills" transfer in which the Department
determines that the steward's special skills are needed elsewhere
in the department or the steward does not possess the special
skills currently required in the troop command in which he
serves.
Short term assignments based on emergencies or
extraordinary circumstances are exempt from the provisions of
this Section.
Section Five. Bulletin Board. The State will continue to
furnish reasonable bulletin board space (in each institution) upon
which the Union may provide for its announcements. Bulletin
board space shall not be used for material that is of a partisan
political nature or is inflammatory, or derogatory to the State
Employer or any of its officers or employees. The Union shall
limit its posting of notices and bulletins to such bulletin board
space. The Union shall have the option to provide secured glass
enclosed bulletin boards at each area serviced by a recognized
steward.
Section Six. Access to Information. The employer agrees
to provide the Union, upon request and adequate notice, access to
materials and information necessary for the Union to fulfill its
statutory responsibility to administer this Agreement. The Union
shall reimburse the State for the expense and time spent for
photocopying extensive information and otherwise as permitted
under the State Freedom of Information Law. The Union shall
not have access to privileged information such as that related to
an ongoing criminal investigation or pre-employment data, nor to
information which the State is under a legal duty to keep
confidential.
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Section Seven. Union Business Leave. (a) The
Department will make available 1118 hours as a bank of time in
each year of this Agreement. Such time bank will be available
for approved union business leave other than reasonable time
used for negotiating a successor agreement and processing
grievances. Time spent in seeking ratification of this Agreement
will not be deducted from the time bank. Also from this bank of
time, subject to the prior written approval of the Department,
paid leave may be granted to Union officials, delegates,
representatives, or designees to attend union business related
functions, meetings, conventions, meetings of national affiliates
or other affiliated organizations, legislative or agency hearings.
The Department will cooperate in recognizing the Union's
priority of meetings for which paid leave will be allocated.
(b) Not more than two employees elected or appointed to a
full-time office or position with the Union will be eligible for an
unpaid leave of absence not to exceed one year. An extension
not to exceed one additional year may be granted subject to the
approval of the Director of Labor Relations. Upon return from
such leave, the State employer shall offer said employee a
position equal to the former position in pay, benefits, and
relatively equal duties, at the rates in force at the time of return
from such leave.
Section Eight. Orientation and Training. The Union will
provide each new employee with a copy of the collective
bargaining agreement then in force and will furnish such
employee with the name(s) of his steward(s). During the
training period at the State Police Academy of each new class,
the Union shall be provided with an opportunity to meet with
each new class and to address the trainees on matters pertaining
to the contract and to Union membership. Additional
opportunities for meetings between the Union and any trainee
class may be provided for at the discretion of the Department.
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Section Nine. Communication by the Employer with the
Union shall be made through the Union President or his
designee.
ARTICLE 8
EVALUATIONS
Section One. The performance of each member of the
bargaining unit shall be evaluated annually at a time sufficiently
in advance of the effective date of step increases to permit the
exhaustion of appeal processes. This evaluation, to be conducted
by the employee's immediate supervisor (also known as the
"rating supervisor"), shall serve both as the "service rating" in
accordance with Section 5-237 of the Connecticut General
Statutes and as a departmental measurement of performance.
Performance evaluations shall be based on work performance.
Performance evaluations shall normally be conducted at least
once a year, consistent with the employees Annual Increment
date. These evaluations shall be considered for promotions and
lateral assignments.
Section Two. Evaluations shall be conducted by a rating
supervisor who has observed in a supervisory capacity, the
employee's performance for six months. If this is not the case,
the evaluator shall note and take into account the period of
observation. If the immediate supervisor has less than three
months of observation, the predecessor supervisor, if available
and if he has observed the employee for more than six months,
shall conduct the evaluation; if the predecessor is not available,
the commanding officer, in consultation with the immediate
supervisor, shall conduct the evaluation. Consistent standards of
evaluation shall be made known to the bargaining unit and all
evaluators. Evaluators shall make a good faith effort to apply
such standards uniformly in all evaluations.
Section Three. When an employee is rated unsatisfactorily
in any category, the rating supervisor shall state the reason(s) for
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such rating and shall if practicable suggest means of
improvement.
Section Four. After the evaluation is made, the employee
shall be given a copy. If the employee's performance has been
rated unsatisfactory in one or more factors, then the rating
supervisor and the employee must meet to discuss the evaluation.
If no unsatisfactory ratings have been received, either the rating
supervisor or the employee may require a discussion.
Section Five. Anything lower than a satisfactory annual
service rating may be grieved in accordance with the grievance
and arbitration provisions of this Agreement. In any such
arbitration, the arbitrator shall not substitute his judgment for
that of the evaluator absent evidence that the evaluator
exercised his judgment arbitrarily or capriciously. During the
period of an annual service rating, interim performance
observation reports(POR's) shall be neither grievable nor
arbitrable unless incorporated into a lower than satisfactory
annual service rating.
Section Six. The parties agree to form a joint committee
to study the current evaluation form and procedure. The
committee, at the conclusion of the study, may recommend
evaluation procedure and form modifications.
ARTICLE 9
PERSONNEL FILES
Section One. Where Maintained. An employee's Official
Personnel Folder (OPF) shall be maintained at State Police
Headquarters, except that the State Personnel Department may
maintain personnel files containing data relating to an employee's
employment history and performance forms.
Section Two. Content. (a) All material bearing on an
employee's personnel status, excluding uncompleted disciplinary
10
investigations, or investigations into physical or mental fitness
shall be placed in the OPF.
(b) Pre-employment polygraph results shall not be retained
in any employee's official personnel folder (OPF) beyond one
month after completion of the initial working test period or
extensions thereof. Such results may be retained, however, in a
file maintained by the Department's Selection Unit for a period of
five years from an employee's date of hire. Notice of the removal
of these results from such file will be sent to the employee at the
time of removal.
Section Three. Access. (a) An employee shall be
permitted to inspect all material in his OPF or in his personnel
file at the State Personnel Department, except for the first three
years of employment, any record exempt from disclosure under
Public Act 75-342, or which the State is otherwise under a legal
duty to maintain confidential, or medical, psychiatric or
psychological data if the Department determines that disclosure
would be detrimental to that person.
An employee desiring to inspect his or her OPF and/or
obtain copies of documents subject to inspection shall be granted
access without previous notice during normal working hours.
The employee may act through written authorization to his or her
steward, if desired, for these purposes. The time off-the-job, if
available, shall be cleared in the name of the steward, if desired.
During any such inspection, the employee shall be accompanied
by a member of the Personnel Unit.
An employee shall have access to his personal file
maintained by the Department except as such file may pertain to
ongoing investigations. The Department shall complete non-
criminal investigations with reasonable promptness and shall
notify the employee when the Department determines that the
investigation as to subject matter and persons involved is closed.
Unless mitigating factors can be shown non-criminal
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investigations conducted at the Troop or District level should be
concluded within a reasonable time frame. The Department shall
notify the employee that the investigation has been closed, the
manner in which it was closed and, upon request, provide the
employee with a copy of the investigation and either transcripts
of all interviews or copies of the audio tape.
The Department shall provide the Union, on a quarterly
basis, a list of all non-criminal internal affairs investigations
initiated, including: IA number, employee name, troop, type of
investigation and status.
(b) The Department shall not disclose or transmit any
personal data to any other individual, corporation or government
agency without the consent of the person except when:
(i) The disclosure or transmission is to an employee of
the Department who has a need for the personal data in the
performance of his duties;
(ii) The Department determines that there is substantial
risk of imminent physical injury by the person to himself or to
others and that disclosure or transmission of the personal data is
necessary to reduce that risk;
(iii) Disclosure or transmission without consent is
otherwise authorized by statute;
(iv) Such transmission or disclosure is made pursuant to
a subpoena, order of court or other judicial process;
(v) Disclosure or transmission is necessary for the
purpose of collecting outstanding student loans or any other
obligations owing to the state.
Outside access will not be granted except with the written
permission of the employee's commanding officer. Access to the
file, including the purpose for which access was granted, will be
recorded on an access sheet which will become part of the
record. The employee will be promptly notified of any request to
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see his OPF. Notwithstanding the previous two sentences,
neither an access sheet entry nor the fact of such request shall be
made known to any employee during an ongoing investigation or
when such disclosure would otherwise undermine a public
purpose in non-disclosure or if the Department determines that
the disclosure of access to medical, psychiatric or psychological
data would be detrimental to that person.
Section Four. (a) When new materials which may
reasonably be interpreted to adversely reflect upon an employee's
performance or conduct are entered into the OPF, the employee
shall be notified within seven days time, ordinarily by
submission of a copy of the document to the employee. Other
documents reflecting on performance or conduct (e.g.
commendations from the public) shall ordinarily be forwarded to
the employee by or through his Commanding Officer. The
employee shall be notified if approbative material is removed
from his OPF.
(b) When an investigation classified as a personnel
investigation is completed, the entire file shall be placed in the
employee's OPF.
Section Five. Except where a document relates to a
previously determined disciplinary matter, a performance
evaluation to which the employee has had the opportunity to
comment, or to a performance observation report, an employee
may submit written comment on any disclosable material which
adversely reflects on his performance or conduct. Said comment
shall be entered into the personnel file. Additionally, the
employee retains rights pursuant to C.G.S. 31-178e as may be
amended from time to time.
Section Six. (a) Derogatory material including reprimands,
but excluding other discipline, not merged in any unsatisfactory
service rating shall remain a viable part of the file for not more
than eighteen (18) months unless removed sooner.
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(b) An employee may attach a written rebuttal to derogatory
material placed in his/her official personnel file.
(c) An employee may file a grievance objecting to any
derogatory material placed in his/her personnel file provided,
however, no such grievance shall be arbitrable unless it is alleged
by the State Employer as just cause for discipline. The filing of a
grievance under the preceding sentence shall not prevent the
employee from objecting to the derogatory material in a
subsequent grievance arising out of the imposition of discipline.
Section Seven. This Article shall not be deemed to prohibit
supervisors from maintaining written notes or records of
employee's performance for the purpose of preparing service
ratings.
Section Eight. (a) Mental and physical fitness
investigations shall be maintained in a file separate from the
OPF. Such file(s) shall be kept, locked, in the Agency's
Employee Assistance Program Office. Access to said files shall
be made through the Commissioner or his/her designee subject to
his/her approval. Upon such approval, access shall be done in
the presence of the Director of the Employee Assistance
Program. A record of the name of the individual(s) seeking
access shall be made along with date, time and name of
employee's file(s) accessed.
(b) Such files will be kept by the Department for a period
not to exceed twelve (l2) months after an affected employee is
separated from service. An affected employee, upon written
request to the Commissioner or his designee, will have any
mental and/or physical fitness investigation files destroyed after
said employee has been separated from permanent service with
the Agency for a period of twelve (l2) months.
(c) Access to these files may be made to employee(s) of the
Department who have a need for the data in the performance of
their duties.
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(d) Mental and physical fitness disputes are only grievable
as found in Article 16.
ARTICLE 10
TRAINING
Section One. The Employer recognizes its responsibility to
provide relevant training for each new employee and continue
on-the-job training.
Section Two. Management shall maintain and make
available to employees a register of all training programs
including dates offered, the frequency of the offering, and the
names of instructors, if available as soon as practical in relation
to the commencement of such programs.
Section Three. (a) The Department, working through the
Labor Management Committee, will cooperate in attempting to
develop tuition-free or tuition reduced career development
courses in the State's higher education system.
(b) The Department, working through the Training
Committee, will examine means of increasing training
opportunities for officers assigned to road patrol.
ARTICLE 11
WORKING TEST PERIOD
Section One. The Working Test Period shall be deemed an
extension of the examination process. Therefore, a determination
of unsatisfactory performance during a Working Test Period
shall be tantamount to a failure of the competitive exam.
Section Two. (a) Both the initial and promotional working
test period for classes covered by this Agreement shall be one (1)
year.
(b) A working test period interrupted as the result of
extended illness, or an authorized leave or absence, shall be
suspended for such period and will resume when the employee
15
returns to duty and is able to carry out the duties and
responsibilities of the position.
Section Three. The Working Test Period may, with the
approval of the Commissioner of Administrative Services or
designee, be extended on an individual basis for a definite
period of time not to exceed six months.
ARTICLE 12
SENIORITY
Section One. For the purpose of computing longevity or
length of vacation leave, seniority shall be defined as length of
state service including war service.
Except as otherwise provided, seniority shall be defined as
total length of State Police service as a sworn State Police Officer
and then by length of total State service and then by lot.
Section Two. Seniority shall not be computed until after
completion of the working test period, whereupon it shall be
retroactively applied to include such service.
Section Three. State service while working in a trainee
class shall not accrue until permanent appointment after
successful completion of the working test period, whereupon it
shall be retroactively applied to include such service.
Section Four. Seniority shall be deemed broken by: (a)
termination of employment caused by resignation, dismissal, or
retirement; (b) failure to report for five working days without
authorization. Seniority under Section 1(a) shall not be deemed
broken by a resignation from another branch of state service in
order to join the State Police Department.
Credit for seniority up to a break in service shall be restored
to an employee who is restored to service within one year of
service break.
Section Five. Seniority Lists. Seniority lists shall be
maintained annually and promptly made available to the Union.
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Section Six. No credit for rank seniority shall be credited
for time spent in an appointed position pursuant to C.G.S. 29-5g.
For such employees, rank seniority shall be credited upon
completion of a working test period in the higher rank and then
retroactive to the date the employee passed an examination for
said higher classification.
ARTICLE 13
ORDER OF LAYOFF OR REEMPLOYMENT
Section One. A layoff is defined as the separation of an
employee from state service at the direction of the employer for
reasons unrelated to discipline or fitness. The State will consider
other alternatives prior to instituting a general reduction in force
in the bargaining unit. Such consideration shall in the form of
face to face meetings in which there is an exchange of proposals
and ideas.
(a) Layoff within each rank shall be by departmental
seniority, (excluding war service).
(b) Employees with less than eighteen (l8) months of
service in the State Police Department shall be deemed to have
zero seniority for layoff purposes.
(c) An employee whose last service rating was
unsatisfactory shall be treated for layoff purposes during the
period prior to his next satisfactory service rating as having lost
up to one year of seniority.
Section Two. The State Employer shall give an employee
not less than six (6) weeks written notice of layoff, stating the
reason for such action. Such notice does not apply to a bumpee
under Section Three. The Director of Personnel and Labor
Relations shall arrange to have the employee transferred to a
vacancy in the same rank or in any other position which in the
judgment of the State Employer the employee is qualified to fill
within the department. If the employee refuses to accept the
transfer, an eligible employee may exercise bumping rights as
specified in Section Three.
17
Section Three. Bumping in Lieu of Layoff. An employee
with more than three years of continuous State service may bump
into a lower rank within the department. The bumper shall be
credited in such lower rank with total length of rank seniority in
the rank from which he/she is being laid off and shall bump the
employee with the lowest rank seniority in such lower rank with
lesser seniority than the bumper, subject to the provisions of
Section Two.
The bumper shall be paid for service in such lower rank as
provided in Regulation 5-239-2(f).
Section Four. (a) If a permanent employee is laid off as a
direct consequence of the exercise by the State Employer of its
right to contract out or to reorganize the department, the Union
retains such right as may be provided by law to bargain
collectively over the impact of such layoffs, notwithstanding any
contrary provision of Article 2 or Article 22.
(b) The utilization of retired State Police Officers shall not
result in the layoff of any bargaining unit member.
ARTICLE 14
GRIEVANCE PROCEDURE
Section One. Definition. Grievance. A grievance is
defined as, and limited to, a written complaint involving an
alleged violation or a dispute involving the application or
interpretation of a specific provision of this Agreement. Nothing
in this definition shall be construed as limiting the
Commissioner's open door policy.
Section Two. (a) Format. Grievances shall be filed on
mutually agreed forms which specify: (a) the facts; (b) the issue;
(c) the date of the violation alleged; (d) the controlling contract
provision; (e) the remedy of relief sought.
(b) In the event a form filed is unclear or incomplete and
not in compliance with this Section, the State employer shall
18
make his best efforts to handle the grievance as he/she
understands it.
(c) When a dispute is settled either informally or in the
grievance procedure either by stipulation or by decision, the
employee and Union shall receive notice from the Department
within ten (10) days of the Resolution as to the anticipated date
when the employee will be made whole.
Section Three. Grievant. A Union representative, with or
without the aggrieved employee, may submit a grievance and the
Union may submit an "institutional" or "general" grievance on its
own behalf. When individual employee(s) or group of
employees elect(s) to submit a grievance without Union
representation, the Union's representative or steward shall be
notified of the pending grievance, shall be provided with a copy
thereof, and shall have the right to be present at any discussions
of the grievance. If the employee does not wish to have the
steward present, he shall state so in writing after consultation
with the steward prior to the scheduled hearing date. The
steward then shall not attend the meeting but shall be provided
with a copy of the written response to the grievance. The
steward shall be entitled to receive from the employer all
documents pertinent to the disposition of the grievance and to file
statements of position.
Section Four. Informal Resolutions. The grievance
procedure outlined herein is designed to facilitate resolution of
disputes at the lowest possible level of the procedure. It is,
therefore, urged that the parties attempt informal resolution of all
disputes to avoid the formal procedures.
Section Five. A grievance shall be deemed waived unless
submitted at Step 1 within 20 days from the date of the cause of
the grievance or within 20 days from the date the grievant or
Union representative or steward knew or through reasonable
diligence should have known of the cause of the grievance.
Nothing in this Section shall diminish the right of the grievant to
19
pursue and obtain a prospective remedy for any continuing or
ongoing violation.
Section Six. Step l. Agency Head or Designee. A
grievance may be submitted within the 20 day period specified in
Section Five to the Agency's Labor Relations Unit. Within l4
days after receipt of the grievance, a meeting will be held with
the employee and a written response issued within five days
thereafter.
Serious discipline as defined in Article 15 will not be dealt
with under the grievance procedure unless specified, in writing
by the employee.
Step 2. Director of Labor Relations or Designee. An
unresolved grievance may be appealed to the Director of Labor
Relations or designee within seven days of the Step l response or
if there is no Step l response, within 45 days after submission of
the grievance at Step l. Said Director or designee may hold a
conference within 30 days of receipt of the grievance and issue a
written response within l5 days of the conference. Failure to
submit the grievance within the time limits specified shall be a
waiver of the grievance.
Step 3. Arbitration. An unresolved grievance may be
submitted to arbitration. The submission must be made in
writing within 40 days after the Step 2 response is issued, or if
there is no Step 2 response, within ll0 days after the submission
at Step 2. Failure to make a timely submission under the prior
sentence constitutes a waiver of the right to arbitration.
Submission to arbitration may be made by the Union or the State,
but not by individual employee(s), except that individual
employees may submit to arbitration in cases of dismissal,
demotion, or suspension if not less than 5 working days.
Section Seven. For the purpose of the time limits
hereunder, "days" shall mean calendar days unless otherwise
specified. The parties by mutual agreement may extend time
limits or waive any or all of the steps hereinbefore cited.
20
Section Eight. Arbitration. (a) The parties shall mutually
select four (4) arbitrators who will hear cases on an
alphabetically alternating basis unless otherwise agreed.
Submission to arbitration shall be by letter, postage prepaid,
addressed to the Director of Labor Relations or designee, with a
copy to the Commissioner of Public Safety or designee.
(b) The expenses for the arbitrator's service and for the
hearing shall be shared equally by the State and the Union, or in
dismissal or suspension cases when the Union is not a party one
half the cost shall be borne by the State and the other half by the
party submitting to arbitration.
(c) The arbitration hearing shall not follow the formal rules
of evidence unless the parties agree in advance, with the
concurrence of the arbitrator at or prior to the time of his
appointment.
In cases of dismissals, demotions or suspensions in excess of
five days, the parties shall request the arbitrator to maintain a
cassette recording of the hearing testimony. Costs of
transcription shall be borne by the requesting party. A party
requesting a stenographic transcript shall arrange for the
stenographer and pay the cost thereof.
The State will continue its practice of paid leave time for
witnesses of either party.
(d) The arbitrator shall have no power to add to, subtract
from, alter, or modify this Agreement, nor to grant to either party
matters which were not obtained in the bargaining process, nor to
impose any remedy or right of relief for any period of time prior
to the effective date of the Agreement, nor to grant pay
retroactively for more than 60 calendar days prior to the date a
grievance was submitted at Step 1. This does not alter or vary
the time limit for filing a grievance under Section Five. The
arbitrator shall render his decision in writing no later than 30
calendar days after the conclusion of the hearing unless the
parties jointly agree otherwise. Failure on the part of the
21
arbitrator to render his decision in 30 days will result in his
removal from the panel upon the motion of either party.
(e) The arbitrator's decision shall be final and binding on the
parties in accordance with the Connecticut General Statutes Sec.
52-418, provided, however, neither the submission of questions
of arbitrability to any arbitrator in the first instance nor any
voluntary submission shall be deemed to diminish the scope of
judicial review over arbitral awards, including awards on
arbitrability, nor to restrict the authority of a court of competent
jurisdiction to construe any such award as contravening the
public interest. The parties intend that all arbitration decisions
except as otherwise stated above shall be reviewable in
accordance with the standards established by the United States
Supreme Court in United Steelworkers of America v. Enterprise
Wheel and Car Corp., 363 U.S. 593 (1960).
Section Nine. Notwithstanding any contrary provision of
this Agreement, the following matters shall not be subject to the
grievance or arbitration procedure:
(a) The decision to layoff employees;
(b) The decision to establish new bargaining unit position
provided, however, this clause shall neither enlarge nor diminish
the Union's right, if any, to negotiate on the impact of decision;
(c) Compliance by the State employer with health or safety
standards, laws, or regulations imposed by state or federal law;
(d) Any incident which occurred or failed to occur prior to
the effective date of this Agreement, with the understanding that
grievances filed which antedate this Agreement shall not be
deemed to have been waived by reason of the execution of this
Agreement;
(e) Disputes over claimed unlawful discrimination in
violation of Article 3 (Non-Discrimination) shall be subject to the
grievance procedure but shall not be arbitrable in any case where
the Human Rights Commission has asserted jurisdiction;
22
(f) Any inherent management right not restricted by a
specific provision of this Agreement.
Section Ten. The existing procedures for handling appeal
of rejection from admission to examination and disputes over
reclassification shall remain in force, except that the final step of
the reclassification procedure shall be the same as the final step
in the appeal of rejection from admission to examination.
Section Eleven. The parties will cooperate in consolidating
for a hearing by single arbitrator two or more grievances arising
out of the same or similar fact situations or involving the same
issues of contract interpretation or both.
Section Twelve. A reasonable time before a scheduled
arbitration hearing (usually 5-15 days), either party, upon request
in writing, shall be entitled to receive (l) a list of witnesses which
the other party intends to call, and (2) relevant documentary
evidence in the possession of the party, e.g., statements of
witnesses, log entries, incident reports, photographs.
Section Thirteen. The parties agree the grievance and
arbitration procedure to be a private matter and therefore not
open to the public or the media.
ARTICLE 15
DISCIPLINE
Section One. No permanent employee who has completed
the working test period shall be reprimanded, demoted for
disciplinary reason, suspended or dismissed except for just cause.
Except as may otherwise be provided in Section Five, the "just
cause" standard shall apply to any action which the Department
designates as disciplinary.
Section Two. Progressive Discipline. The parties jointly
recognize the deterrent value of disciplinary action. Accordingly,
wherever appropriate, the State Police Department will follow
these guidelines:
23
(a) Take prompt corrective action within a reasonable time
after discovery of substandard performance or improper conduct;
(b) Apply discipline with a view toward uniformity and
consistency of punishment;
(c) In the area of inefficient or incompetent performance,
oral reprimands and constructive criticism should ordinarily
precede formal disciplinary procedures; however, no such
warning is necessary with respect to neglect of duty,
insubordination or willful misconduct.
Nothing in this Section shall prohibit the State employer
from bypassing progressive discipline when the nature of the
offense requires, or from applying disciplinary action to differing
degrees. The failure of the employer to apply progressive
discipline in any case shall not by itself be deemed arbitrary,
capricious, or discriminatory.
Section Three. Work Now Grieve Later. The
Connecticut State Police is a semi-military organization, and it is
the duty of every member to obey every lawful command or
order issued orally or in writing, and failure to do so may result
in a breakdown in discipline and serious consequences. Orders
must be obeyed and grievance procedures invoked later. Any
member of the Connecticut State Police who fails to carry out
orders or comply with rules, regulations, or instructions is subject
to disciplinary action. If an employee challenges the legality of
an order, such order shall be reduced to writing as soon as
practical.
Section Four. Notice of Discipline. (a) After a
management decision is made to impose discipline, but prior to
its formal imposition, the Department will meet with the
employee and the Union to discuss the contemplated discipline
unless the employee waives Union representation in writing. At
least forty-eight (48) hours prior to such meeting a copy of the
Internal Affairs Report shall be provided to the employee. If
there is no mutual agreement regarding discipline within five (5)
days of the meeting, the employer shall give formal notice of the
24
imposed discipline to the extent provided in the State law or
regulations.
(b) The following actions constitute serious discipline for
purposes of this Section and Article 14, Section Six:
(1) Dismissal
(2) Demotion
(3) Suspension
(4) Transfers
(5) Loss of off-duty use of car for a period of more than
l5 days.
(c) In lieu of grievance procedure where a serious
disciplinary matter is contested, a Discipline Appeal Panel shall
be established to hear such matters. The panel shall be made up
of one member chosen by the Union, one member chosen by the
Commissioner of Public Safety and one member mutually
selected who shall be at least the rank of Lieutenant, who shall
chair the Panel.
(d) This Panel shall be authorized to hear sworn testimony
and issue subpoenas or delegate the right to do so to the
advocates.
(e) The Panel shall hold a hearing within 30 days of receipt
of the notice to contest disciplinary action. Within 10 days of the
close of the hearing, the Panel will render a decision in writing
setting forth its findings of fact and conclusions.
(f) The Panel in its report may adopt the penalty imposed by
the Department, recommend against the imposition of any
penalty or recommend the imposition of a reduced penalty. It
may not recommend a penalty greater than that originally
imposed by the Department. No disciplinary action will be
imposed until after the Panel's decision, with the exception of
dismissal. The Panel's decision is not subject to appeal in any
forum.
25
(g) Should the employee not elect to contest his/her serious
discipline before the Disciplinary Appeal Panel such may be
done in writing within fifteen (15) days of the notice of discipline
directly to Step 2 of the Grievance Procedure and processed
thereafter as detailed in said Article. With the exception of
dismissal which is imposed immediately, other serious discipline
will be imposed upon election to utilize the grievance procedure
rather than the Disciplinary Appeals Panel.
Section Five. Disciplinary Transfers. Disciplinary
transfers are defined as transfers from command but shall not
include reassignment within a command.
Transfers which have been designated as disciplinary shall
be subject to the "just cause" standard. In cases of transfer not
designated as disciplinary if the Union establishes that a
substantial motive for transfer was disciplinary, the "just cause"
standard shall apply. In all other cases not designated as
disciplinary, the arbitrator shall not substitute his/her judgment
for that of the Employer.
Section Six. (a) Placement of an employee on a paid leave
of absence shall be governed by Regulation 5-240-5a to permit
investigation. Provided, however, nothing shall preclude an
employee from electing to be placed on an unpaid leave of
absence for up to thirty (30) days. In such event, the employee
may draw accrued vacation pay.
At the expiration of the thirty (30) day period, the employee
shall be either:
(1) Charged with the appropriate violation;
(2) Reinstated and reassigned to other duties determined
appropriate by the appointing authority pending completion of
the investigation; or
(3) Reinstated from leave.
(b) In lieu of a suspension with pay, the Commissioner of
Public Safety or his designee may suspend an employee's police
26
powers when the nature of the alleged offense in his view
warrants such action or where the employee's mental or physical
fitness for duty is in question. An employee so suspended shall
be assigned duties which do not require the exercise of police
powers.
Section Seven. (a) Investigative Interviews. During an
investigative interview, the employee shall be accompanied by a
Union steward, Union representative, or other bargaining unit
employee whom he/she chooses to represent him/her unless
he/she waives this right in writing after conferring with the
steward. "Representation" means advising the employee but
shall not be construed as converting the investigative interview
into an adversary hearing.
When the employer believes that the substance of an
investigative interview is likely to lead to criminal charges, the
employee will be advised of his/her constitutional rights and shall
be granted his/her privilege against self-incrimination.
In cases in which the facts, in a claim against an employee,
if proven, would constitute criminal behavior, the employee may
refuse to answer questions on the grounds that the answer would
tend to incriminate him/her. If the facts alleged would not
constitute a crime, if the employee at first refuses to answer
questions on the grounds of self-incrimination, the employer may
specifically order him/her to do so, in which case the employee
shall be required to answer, but the answer will be treated as
involuntary and may not be used in any way in a criminal
proceeding against him/her.
No recording or transcription will be made without the
knowledge of all participants in the investigative interview.
(b) A written explanatory may be utilized in lieu of an
investigatory interview. In such instances notice shall be given
on the written directive for such explanatory as to the employee's
right to confer with a union representative prior to responding. A
reasonable amount of time shall be provided to the employee in
which to perfect and submit a written explanatory.
27
Section Eight. Suspensions. Employees who are
suspended shall not hold themselves out as State Police Officers,
and the period of suspension shall not constitute service for the
purpose of computing any pay or benefit and provided in State
regulations, except as otherwise provided in Section Six.
Section Nine. Oral Reprimands. Where appropriate, oral
reprimands shall be given in a manner that will not embarrass the
employee before other employees or the public. "Oral
reprimands" do not include orders or instructions to a subordinate
designed to accomplish an operational goal.
Section Ten. Polygraphs. An employee may be requested
to take a polygraph test but shall have the right to refuse. Neither
the request nor the refusal shall be admissible in any form as
evidence in a proceeding under this Article.
Polygraph test results are designed as an aid in the
investigative process; accordingly, such results may not be
admitted as evidence in disciplinary proceedings unless the
employee has waived the confidentiality of the results, in writing.
Section Eleven. Investigation of Citizen Complaints.
Citizens who complain about the performance or conduct of an
employee shall be encouraged to (1) identify themselves, and (2)
reduce their complaint to a written statement promptly, normally
within ten days. An oral complaint which is not promptly
reduced to writing either through a written complaint or the filing
of an investigative report corroborating the oral complaint shall
not be investigated unless it involves a charge of criminal
behavior or a charge which the Department is otherwise required
by law to investigate.
In the case of noncriminal conduct, a copy of the complaint
or initial investigative report will be furnished to the employee at
the outset of the investigation, together with the time, if known,
of filing the oral complaint, if any. The identity of a citizen
complainant requesting anonymity will not be disclosed, except
that if the testimony of such complainant is a critical element of
the employer's burden to establish just cause for discipline, such
28
identity will be disclosed during the course of informal
proceedings prior to formal notice of discipline.
The underlying nature of a complaint will be made known to
the affected employee without modification of any existing
language in this article.
Internal Affairs investigations with a disposition of
'Exonerated or Not Sustained' will be excluded from the
employee's official personnel file. This will include SP-678-C.
Section Twelve. Violation of the No Strike Article. In the
event that the State imposes dismissal or other discipline for
breach of the No Strike Article and the State establishes that the
employee breached the No Strike Article, the arbitrator shall have
no power to alter or modify the discipline imposed.
Section Thirteen. Access to Information. During the
course of informal proceedings prior to notice of formal
discipline and during the course of the grievance procedure
prior to arbitration, the State will share information with the
Union and the employee consistent with the Union's
entitlement as exclusive bargaining agent and with a view
toward reaching agreement on the discipline being imposed.
ARTICLE 16
FITNESS FOR DUTY AND LIGHT DUTY
Section One. Fitness for Duty. The parties intend that
when a dispute over whether an employee is mentally or
physically competent to perform his/her duties shall not be
considered as a disciplinary issue, but, shall be resolved as a
medical question through arbitration. The "arbitrator" shall be a
neutral physician, mutually selected through the American
Arbitration Association, specializing in the area of dispute, as for
example, an orthopedic specialist or psychiatrist. By mutual
agreement, the "arbitrator" may chair a tri-party arbitration panel
with the other two panel members selected one by each party.
29
Section Two. Light Duty. (a) Purpose. Light duty
positions are designated by the Department and exist solely to
enable incapacitated sworn personnel to perform departmental
functions although unable to fully perform their normal
assignments.
(b) In each fiscal year of this contract, a minimum of
twenty-seven positions or the numerical equivalent of three
percent (3.0%) of the bargaining unit whichever is greater shall
be designated as light duty positions.
(c) The Commissioner within one month after the signature
date of this contract shall designate the light duty positions for
the remaining portion of the fiscal year. Thereafter, not later than
one month prior to the beginning of each fiscal year of this
contract the Commissioner shall designate the light duty
positions for that fiscal year. Except in unusual circumstances
employees assigned to the light duty program or otherwise
assigned to limited duty assignments shall not be assigned TDY
or permanently to vacancies within any specialized unit.
(d) Nothing precludes the Commissioner from increasing
the number of light duty positions at any time, at his/her sole
discretion, should a special need of the Department exist.
(e) Sworn personnel applying for a light duty position shall
do so through the Department's Employee Assistance Program.
Placement in a light duty position shall be considered as an
assignment to EAP.
(f) Eligibility for a light duty position shall be initially based
on the following:
(1) Certification by the treating physician attesting to the
applicant's limitation of function or disability.
(2) The period of the limitation of function or disability
must exceed ninety (90) days.
30
(3) A designated light duty position exists that the
individual is capable of performing.
(g) The Department retains the specific right to question the
physical or mental condition of any individual applying for,
remaining on, or returning from a light duty position. Disputes
arising out of this sub-section shall be resolved in the manner
described in Section One of this Article.
(h) Sworn personnel designated by the parties in a Side
Letter to the Agreement shall be given first preference to a light
duty position before any other applicants are considered subject
to all the provisions of this Section.
(i) For the sole purpose of this Section, incidents of
hypertension and heart attacks shall be considered as occurring
on-duty.
(j) On-duty incidents in all instances have priority over off-
duty incidents in applying for and/or remaining on a light duty
position.
(k) Limitation of function or disability resulting from an
off-duty incident will not be considered for a light duty position
unless a designated position exists or a special need exists as
determined by and at the discretion of the Commissioner.
(l) In addition to the other sub-sections herein when there
are more applicants for light duty positions then designated
positions, seniority as sworn personnel shall determine the order
of placement and removal.
(m) Sworn personnel in a light duty position must take their
regular retirement when eligible, or, at their option, disability
retirement, if there is another person not eligible for regular
retirement in need of a light duty position and no such designated
position exists and if no special need has been determined to
exist by the Commissioner.
31
(n) Regular retirement as used in subsection (m) above shall
mean twenty (20) years of service as more specifically defined in
the retirement agreement between the parties and in the
applicable statutes.
(o) Employees in designated light duty positions shall be
eligible for overtime as such may occur only within their
individual light duty position.
ARTICLE 17
HOURS OF WORK, WORK SCHEDULES AND OVERTIME
Section One. (a) Basic Workweek. The regular workweek
of all employees shall be in conformance with C.G.S. Section 5-
246, except, portal to portal time shall be standardized at thirty
(30) minutes for travel from home to duty station and thirty (30)
minutes from duty station to home. Field Personnel shall
continue to work the so-called 5-3 schedule. Certain groups of
employees not traditionally subject to a rotating work schedule,
including but not limited to administrative employees, fire
marshals, criminal investigators, resident troopers, and other
personnel on specialized assignments, shall continue to receive
no fewer days off in each eight week cycle than field employees.
The existing one-half hour unpaid lunch period shall not be
counted as time worked. However, during said meal period
officers must be available to be contacted and dispatched. Patrol
Officers are to take their meal period within their patrol area and
must similarly be available to be contacted and dispatched. The
taking of the meal period during the shift is subject to the
operational demands of the Agency.
By Mutual agreement pilot programs recommended by the
Stress Committee may be implemented during the life of the
Contract.
(b) The reference to C.G.S. Section 5-246 in Section (a)
above is meant to refer to that statute as it existed on January 1,
1995.
32
(c) It is the intent of the parties that this agreement to
institute a standard portal to portal or general patrol time of one
half hour from home to duty station and one half hour from duty
station to home will not be used to penalize or punish any officer.
No officers may be assigned to a location which negatively
impacts his/her current or future general patrol time unless there
is a legitimate need on the part of the employer.
Despite the language in Article 15 Section 5, grievances
brought pursuant to this Section may be processed to arbitration.
Section Two. Starting and Quitting Times. (a) The
parties recognize that stability of working hours and shift
assignments is the best interest of all concerned. It is further
understood that management requires a degree of flexibility as to
the starting time of shifts in order to meet the needs of the public
and to utilize available manpower in the most efficient manner.
(b) Existing and future shift schedules are established for
the purpose of allowing management to meet these needs based
upon analysis of all relevant factors as they exist in any troop or
division area. Management will not change starting times
without first considering all workload and "associated time
consumed" data as it relates to the affected troop(s) or
division(s). In such cases, the Department shall give the Union
adequate notice to prepare documentation and be heard prior to
any adjustment.
Section Three Except in unusual circumstances the
starting and quitting times for each shift shall remain constant
during each five-day consecutive period of work.
Section Four. The shift schedule covering each cycle of
rotation shall be posted at least three (3) weeks in advance.
Section Five. For platoon or assignment changes of a long-
term nature, then (10) days notice shall be given to the employee.
33
Section Six. Exchange of Shifts. Employees working
under the same shift schedules performing substantially similar
work may change shifts provided:
(a) no additional cost to the State of Connecticut is
imposed;
(b) the employee's supervisor is given reasonable notice,
normally in excess of 24 hours, and approves the swap;
(c) the State of Connecticut is not responsible for enforcing
agreements made between employees;
(d) approval of shift changes is subject to revocation as
dictated by the needs of the Department; and
(e) approval by the supervisor shall not be arbitrarily
withheld nor shall revocation of an approved swap be arbitrarily
made.
Section Seven. (a) All compensatory time accrued on or
after July 1, 1979, and on or before December 31, 1990, whether
in the form of "owed days", "T-days", or otherwise shall be taken
at the employee's convenience within six months subject to the
usual approval by the commanding officer, which approval shall
not be unreasonably withheld. If the time is not taken within the
six month period for any reason the following rules will apply:
within thirty (30) days after the expiration of the six (6) month
period an employee who previously had elected time off in lieu
of cash for a holiday may elect in writing cash at straight time for
such holiday. If he fails to do so, the Department may schedule
the time off at its convenience or otherwise pay him off in cash at
straight time or continue to allow the time to accumulate.
(b) Effective January 1, 1991 compensatory time (T-days)
shall only be accrued as permitted in Article 30 (Holidays). The
taking of T-days shall continue in keeping with the provisions of
the preceding sub-section.
34
Section Eight. Employees to be transferred shall be notified
no less than two (2) weeks prior to the transfer date.
Section Nine. Short-term schedule changes shall not be
made solely for the purpose of avoiding overtime, e.g.
rescheduling an employee required to appear in court from the
evening shift to the day shift. With respect to administrative and
investigative employees, the above provision shall be applied in
conformance with past practice.
Section Ten. In emergency situations, the Employer may
establish shifts of longer duration than those normally scheduled.
Section Eleven. Within each platoon or other recognized
work unit the Department will assign non-emergency overtime
(other than "construction" overtime) in accordance with the
following system:
Employees will be listed by seniority and shall have the
opportunity to volunteer for overtime until each person on the list
has had an opportunity. An opportunity refused, or a 'no answer'
phone call or a telephone answering machine contact not
returned, shall be considered as an opportunity actually worked.
If there are insufficient volunteers, the Department will assign
overtime in reverse order of seniority.
Section Twelve. In decisions concerning lateral
assignments other than assignments covered under Article 25,
Section 5(c), if in the supervisor's discretion all factors--
efficiency, training needs, operational needs etc. are considered
equal, the supervisor shall take into account departmental
seniority. The supervisor's decision concerning such factors is
final. The Union may grieve and arbitrate a pattern of failure to
give proper consideration to seniority as a factor not justified by
operational needs.
Section Thirteen. Meal Periods. Meal periods shall be
scheduled close to the middle of a shift consistent with the
operating needs of the agency.
35
Section Fourteen. Overtime. (a) The provisions of this
Section shall be interpreted consistent with Section 5-245 except
when specifically provided otherwise.
(b) The State will continue to pay overtime to eligible
employees at time and one half for hours worked over 40, except
as provided otherwise in Section 5-245 for employees on rotating
shifts and unscheduled positions and classes, and except for
averaging schedules approved by the Director of Labor
Relations.
(c) Construction Overtime. All bargaining unit
classifications are eligible for this overtime.
Section Fifteen. Employees shall continue to be paid
overtime consistent with past practice, although the parties
recognize the statutory obligation that all bargaining unit
employees be paid overtime in compliance with the provisions of
the federal Fair Labor Standards Act (FLSA).
In order to comply, employees shall have the amount of the
compensation paid to them reviewed, for purposes of FLSA
compliance, based on the rules set forth in 29 CFR Part 553.230,
i.e., twenty-eight (28) day work period or one hundred seventy-
one (171) hours.
After the payment of overtime according to past practice, an
employees' FLSA payment, if any, shall be computed according
to rules set forth in 29 CFR Part 553. In computing such
payment, only actual time worked shall be counted as hours
worked. Furthermore, the FLSA liability shall be offset by the
amount of overtime paid to the employee according to past
practice for the FLSA work period.
ARTICLE 18
TEMPORARY SERVICE IN A HIGHER CLASS
Section One. An employee who is assigned to perform
temporary service in a higher class shall, commencing with the
36
thirty-first consecutive working day, retroactive to the first such
day, be paid for such work at the rate of the higher class as if
promoted thereto, provided such assignment is approved by the
Commissioner of Administrative Services or designee.
Section Two. Such assignments may be made when there is
a bona fide vacancy which management has decided to fill, or
when an employee is on extended absence due to illness, leave of
absence, or other reasons. Extended absence is one which is
expected to last more than thirty working days.
Section Three. An appointing authority making a
temporary assignment to a higher class shall issue the employee
written notification of the assignment and shall immediately
forward the appropriate form seeking approval of the assignment
from the Commissioner of Administrative Services or designee
in writing.
Section Four. If on or after the thirty-first consecutive
working day of such service, the Commissioner of
Administrative Services or designee has not approved the
assignment, the employee upon request shall be reassigned to
his/her former position, subject to the provisions of Section Five.
Section Five. In the event the Commissioner of
Administrative Services or designee disapproves the requested
assignment on the basis of his/her judgment that the assignment
does not constitute temporary service in a higher class, the
employee shall continue working as assigned with recourse under
the appeal procedure for reclassification but not under the
grievance and arbitration procedure. The form certifying the
assignment will specify the rights and obligations of the parties
under Sections Four and Five.
Section Six. Temporary assignments to a higher class for
periods of thirty working days or less shall not be utilized to
defeat the basic contractual obligation herein.
Section Seven. Service in a higher classification under
37
this section shall not constitute permanent status in such class.
ARTICLE 19
COMPENSATION
Section One. General Wages. (a) The salary schedule in
effect on 6-15-99 shall remain in effect up to and including
January 13, 2000 as Appendix I-1 included herein.
(b) Effective January 14, 2000, all employees shall receive
a two (2.0%) percent salary increase as reflected in
Salary Schedule Appendix I-2 included herein.
(c) Effective June 30, 2000, all employees shall receive a
three and one-half (3.5%) percent salary increase as
reflected in Salary Schedule Appendix I-3 included
herein.
(d) Effective June 29, 2001, all employees shall receive a
three (3.0%) percent salary increase as reflected in
(d) Effective June 28, 2002, all employees shall receive a
(e) Effective June 27, 2003, all employees shall receive a
(f) Employees shall receive annual increments on time
during this Agreement in accordance with pre-existing
regulations based on the salary schedules contained in
Appendix I.
Section Two. Meal Allowance. (a) The meal allowance
shall continue to be $14.28 per day based on the following:
Minimum 4 Hours $8.09
5-6 Hours $12.20
6 1/4-12 1/2 Hours $14.28
38
Over 12 1/2 Hours $17.36
(b) Effective June 29, 2001 the meal allowance shall be
$14.65 per day based on the following:
Minimum 4 Hours $ 8.30
5-6 Hours $12.52
6 1/4-12 1/2 Hours $14.65
Over 12 1/2 Hours $17.81
(c) Effective June 28, 2002 the meal allowance shall be
5-6 Hours $12.82
6 1/4-12 1/2 Hours $15.00
Over 12 1/2 Hours $18.23
(d) Effective June 27, 2003 the meal allowance shall be
5-6 Hours $13.21
6 1/4-12 1/2 Hours $15.45
Over 12 1/2 Hours $18.78
(e) The above rates also apply to OPA and HCP
assignments.
(f) Thereafter, any future meal increases shall be equal to
the same percentage as the general wage increase or by the
percentage equivalent of any dollar increase to the general wage
base.
(g) Section 29-4 of the Connecticut General Statutes is
superseded by this Agreement with respect to the meal
allowance.
Section Three. The widows allowance is governed by the
language contained in the Pension Contract between the parties.
Section Four. The longevity schedule based on the pay
39
plan effective June 30, l977 shall remain unchanged in dollar
amounts during the life of this Agreement, and is contained in
Appendix B herein.
Section Five. Night Shift Differential. The night shift
differential shall continue to be $.65 per hour. Shift differential
shall be payable in accordance with past practice as expressed in
Appendix H herein.
Section Six. (a) Tuition Reimbursement. All employees
who satisfactorily complete an approved course shall be eligible
for reimbursement for up to nine credits/semester in accordance
with the following schedules:
(1) 100% reimbursement with a maximum of
$90.00/credit for undergraduate courses; $110.00/credit for
graduate courses.
(2) A fund of $40,000 shall be established for this
purpose in each contract year.
(3) If this fund is not sufficient to reimburse all
employees eligible under the forgoing paragraph, distribution
shall be to all eligible employees on an equal pro-rata basis.
(4) Funds not expended in one year shall carry over into
the next year provided however that the tuition reimbursement
fund will expire on expiration of this contract.
(b) Training. A fund of $20,000 in each contract year shall
be set aside for a training program to be administered by a panel
consisting of two persons selected by the Commissioner of
Public Safety and two selected by the Union. Funds not
expended in each contract year shall be carried over from one
year to another.
Notification of such training opportunities shall be made
through a general notice open to all bargaining unit members.
Employees shall submit their applications to their immediate
supervisor who shall thereafter forward through the chain of
40
command to the panel. Appropriate comments may be attached
to the application by supervisors for consideration by the panel.
All other training and employees selected to attend same is
at the discretion and determination of the Employer.
Section Seven. Accidental Death or Dismemberment.
The State will continue its existing accidental death and
dismemberment policy ($50,000 per employee).
Section Eight. Career Development: Advancement to
Trooper First Class. (a) All troopers who have completed
seven (7) years as a sworn State Police Officer, who would be
eligible for an annual increment on the basis of a service rating
and have at least six (6) months continuous service shall be
advanced to Trooper First Class.
(b) Salary schedule placement of a Trooper or Trooper First
Class has no relationship to the requirement above to advance to
Trooper First Class.
(c) Only Troopers First Class may use the title of Detective
while assigned to an investigative, plainclothes function on a full
time basis. It is understood by the parties that the position of
Detective is not permanent, however, and such persons will
resume the title of Trooper First Class upon reassignment to
uniform duties.
Section Nine. Hazardous Duty Stipend. A monthly
stipend of $100.00 shall be paid to employees assigned to and
performing the following hazardous duties: pilot, diver, tactical
services (SWAT), hazardous devices (bomb squad) and
motorcycle (May 1 to October 31 only). There shall be no
pyramiding of stipend for employees assigned to and performing
more than one hazardous duty.
Section Ten. Resident Troopers shall continue to receive a
monthly stipend of $100.00.
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Section Eleven (a) Canine care and training which is not
accomplished during on-duty hours shall be governed by the
following:
1. Employees assigned as handlers of patrol dogs will be
allowed one (1) hour per day to attend to the needs of
the dog.
2. Employees assigned as handlers of food reward dogs
will be allowed one and one-half (1.5) hours per day to
attend to the needs of the dog.
3. Any employee assigned as a handler of more than one
(1) dog will be allowed an additional one half (1/2)
hour per day per dog to attend to the needs of the dog.
(b) At home canine care and training on off-duty days
shall be governed by (a) above.
(c) The hourly rate for at-home canine care and training
shall continue to be $9.00/hour.
1. Effective 1-14-2000 the hourly rate shall be $9.18.
(d) Dog handlers shall continue to receive a monthly
stipend of $100.00.
ARTICLE 20
TROOPER TRAINEES
Section One. Definitions. (a) State Police Trooper
Trainee is a job classification. Its duration is from date of hire to
date of successful completion of the working test period.
(b) A "recruit" is a term used for a State Police Trooper
Trainee from date of hire until date of graduation from the
42
Academy and becoming a sworn officer. It is not a job
classification.
Section Two. Wages. (a) A "recruit" shall be paid at the
applicable bi-weekly based on the Trainee rate contained in the
salary schedules Appendix I.
(b) Effective the beginning of the first full payroll period
following graduation from the Academy, a State Police
Trooper Trainee shall be paid at the rate of Step 1 of the
Trooper/Trooper First Class Salary Schedule.
(c) 1. Effective with the State Police 106th Training
Academy Class all members within each class shall
have one uniform annual increment anniversary date
(July or January) regardless of any prior state service.
2. The first July 1st or January 1st following nine
months from each class date of hire shall be the annual
increment anniversary date for the entire class.
Section Three. Benefits. (a) The existing group health
insurance policies shall remain in effect during the term of this
Agreement.
(b) Recruits will accrue one (1) day of vacation per month
in accordance with existing practice but will not be entitled to use
such leave while at the Academy, or for the first six (6) months
of State service, whichever is longer.
(c) Recruits will accrue and be entitled to use sick leave in
accordance with the State rules and regulations. The
Commanding Officer may require the submission of an
acceptable medical certificate to justify an absence (whether paid
or unpaid).
(d) Recruits will be entitled to paid holidays as specified
elsewhere in this Contract.
(e) Recruits will be eligible for Worker's Compensation
benefits in accordance with the applicable State statutes.
43
Section Four. Other Conditions. (a) The Union, through
the Labor-Management Committee, may make suggestions
concerning revisions in the Academy's curriculum, rules or
regulations.
(b) A recruit who has a complaint of harassment or
discrimination on the part of Academy staff or other recruits may
address such complaint directly to the Recruit Coordinator or
Academy Commanding Officer.
(c) Involuntary Separation. A recruit may be terminated
by the agency upon recommendation of the Commanding Officer
of the Academy for any of the following reasons:
(1) Inability to meet the minimum physical requirements
during training.
(2) Mental or physical inability to participate in any
portion of the training process.
(3) Failure to maintain minimum academic standards as
prescribed in the Academy Rules and Regulations.
(4) Failure to conform to any Rules, Regulations, Orders
or Directives of the State Police Department or Academy.
(5) Unsatisfactory evaluation of recruit's suitability for
police work.
Absence from the Academy may also result in termination.
Prior to an involuntary termination, the recruit will be entitled to
an opportunity to discuss his/her case with the Recruit
Termination Board. The board will consist of three members
appointed by the State Police Commander. The Board will
periodically provide the Union with a list of its completed cases,
consisting of the name of the recruit, the date of the meeting and
the disposition.
(d) Recruits will not have access to the grievance or
arbitration process while enrolled at the Academy. After
graduation, their rights will be prescribed by this Contract.
44
(e) The language of the following Articles of this
Contract are applicable to trainees while at the Academy:
Preamble; Article 1 - Recognition; Article 2 - Entire
Agreement (excluding the last paragraph); Article 3 - Non-
Discrimination; Article 4 - No Strikes - No Lockouts; Article
5 - Management Rights; Article 6 - Union Security; Article
11 - Working Test Period; Article 35 - Savings Clause; and
Article 36 - Supersedence. Thereafter the entire Contract is
applicable.
ARTICLE 21
METHOD OF SALARY PAYMENT
Section One. Worker's Compensation Coverage and
Payments. The Department of Administrative Services or its
designee will continue to make the initial determination whether
an injury or illness is or is not job-related. If the decision is that
injury or illness is not job-related, the matter shall not be subject
to the grievance and arbitration procedure, nor shall this
Agreement in any way enlarge or diminish the rights of the
parties under the Worker's Compensation laws. If the decision is
that an injury or illness is job-related, the Commissioner of
Public Safety or his designee(s) within the Department shall
determine whether the injury or illness was incurred while
performing duties as referred to in C.G.S. Section 5-142(a). A
negative decision shall be subject to the grievance and arbitration
procedure. The steps of the grievance procedure will be
bypassed and the dispute will be submitted directly to arbitration.
The grievance and arbitration procedure shall be the
exclusive procedure for resolving any such dispute, superseding
any pre-existing statutory administrative hearing, appeal or
review procedure.
In no event will disputes over the extent of illness or injury
be subject to the grievance and arbitration procedure.
Beginning April 1, 2000 and every three (3) months
thereafter the Department will supply the Union with a list of the
45
names of each employee injured and whether the injury was
subject to the provisions of C.G.S. Sec. 5-142(a) or not.
Section Two. Advanced Vacation Pay. Upon written
request to the agency, no later than three weeks prior to the
commencement of a scheduled vacation period an employee
shall receive such earned and accrued pay for vacation time as
he/she may request, such payment to be made prior to the
commencement of the employee vacation period. Such advances
shall be for the period of not less than one pay week.
Section Three. The parties recognize that the present
method of salary payment will change during the life of this
Agreement to essentially a one check system. However, prior to
such change the Department agrees to notify the Union thirty
(30) days in advance of such change to enable the Union to
examine said change and to offer suggestions to the Department.
The Department will forward their suggestions, if any, to the
Comptroller for consideration. The final decision as to the
structure and implementation of this change is not diminished by
the provisions and is specifically retained by the State.
Section Four. Overpayments. (a) When the employer
determines that an employee has been overpaid, it shall notify the
employee of this fact and the reasons therefore. The employer
shall arrange to recover such overpayment from the employee
over the same period of time in which the employee was
overpaid unless the employer and the employee agree to some
other arrangement (i.e. an employee who was overpaid by $5.00
per pay period for six months shall refund the employer at the
rate of $5.00 per pay period for six months).
(b) In the event the employee contests whether he/she has
actually overpaid, the employer shall not institute the above
refund procedure until the appeal is finally resolved.
46
ARTICLE 22
GROUP HEALTH INSURANCE
Section One. All group health insurance programs in effect
on July 1, 1999, shall remain in effect during the term of this
Agreement, subject to the actions of the Joint Committee on
Health Care Cost Containment or as mutually agreed to by the
parties herein.
Section Two. If at anytime during the term of this
Agreement any health insurance coverage, plan or service
incorporated by reference or described herein becomes
unavailable or is altered by any third party not within the
contemplation of this Agreement, the matter shall be referred to
the Health Care Cost Containment Committee.
ARTICLE 23
PREGNANCY, MATERNAL , PATERNAL AND FAMILY LEAVE
Section One. Disabilities resulting from pregnancy,
miscarriage, abortion, childbirth or maternity, defined as that
period of time, as certified by the attending physician, in which
an employee is unable to perform the requirements of her job,
will be charged to any accrued sick leave and may be charged to
any other accrued leave upon the exhaustion of accrued sick
leave.
After the period of paid leave, an employee who remains
disabled may request a medical leave of absence to the extent
provided by existing statues and regulations, as they may be
amended.
After the period of disability, an employee may request a
family (parental) leave of absence to the extent provided by
existing statues and regulations, as they may be amended, and as
described in Section Three.
Section Two. Up to five (5) days paid leave, deducted from
sick leave, will be provided to a spouse in connection with the
47
birth, adoption, or taking custody of a child, or the prenatal or
postnatal care of a spouse.
Section Three. Parental and Family Leave. Parental
leave and family leave shall be governed by C.G.S. Section 5-
248a (and any amendments) and the appurtenant regulations.
The current statute and regulations are contained in Appendix C.
A statutory parental leave need not commence immediately
following the birth or adoption of a child, but must be completed
within the one (1) year period following such birth or adoption.
An employee who is granted a statutory non-disability leave
may request and shall be granted the financial benefits of accrued
vacation leave, personal leave and/or compensatory time during
the period of statutory leave; however, such time, if taken during
the period of statutory leave, shall not be utilized to extend the
same leave period in excess of that described in the request for
such leave or the statutory maximum.
Holidays which occur during the period covered by the leave
provisions of C.G.S. Sec. 5-248a shall not be compensated unless
the employee is concurrently utilizing paid vacation,
compensatory time or personal leave as may be permitted above
and consistent with current practice.
ARTICLE 24
BID SHIFT
The Connecticut State Police Department agrees to continue
to operate under a mandatory bid shift schedule as detailed in this
Article. The bid shift will allow Troopers and Sergeants to bid
according to seniority for a shift preference. Thus, officers will
bid for their desired shift preference according to seniority except
as provided for by other sections of this Article.
Section One. Officers Affected. Bid shift will involve
uniform patrol Troopers and Sergeants, Troopers and Sergeants
assigned to Troop W, whether uniform or not. Sergeants shall be
covered by the bid shift when their number at a Troop is six (6)
48
or greater, excluding Sergeants whose primary responsibility is in
the Resident Trooper Program otherwise, when the number of
Sergeants falls below six (6) at a Troop, Sergeants must work out
their own shift assignments in a manner acceptable to
management. Master Sergeants are not covered by this Article.
When an officer bids for the bid shift, that election shall be
irrevocable once the schedule is posted and for the entire 112 day
cycle unless management allows otherwise.
Section Two. Bidding Forms. Bidding will be done
through the completion of bid forms. On the form each
individual must list the first, second, third and fourth preference.
Bids must be fully completed and submitted when requested
prior to the start of a cycle. All officer's must submit these forms.
Section Three. Manpower Allocation. Prior to each cycle
management will post at the Troop estimated manpower levels
on each shift prior to the submission of the officer's bid forms.
There will be four possible options for selection. The shifts
to bid upon are day, evening, midnight, or day/evening. In
addition, management may set up such other tactical shifts as it
deems necessary. Officers will bid by seniority for these tactical
shifts as they would any other shift.
Management retains the exclusive right to determine the
number of officers required to man each shift. However, if a
long term vacancy occurs (officer will be off the shift for ten or
more consecutive working days), then management may fill that
slot by bumping another officer(s) from another shift(s).
Officers assigned to bid shift may not bid for a particular
"slot" within the shift. A "slot" is defined as an officer's work
schedule with specific days on and off. If a vacancy occurs
within a shift at any time, that vacancy need not be filled if the
shift is at or above the recommended staffing level.
Upon receipt of all officer's bid forms, management shall
finalize the schedule. In order to ensure proper utilization and
adequate distribution of experienced staff, management shall take
49
into account the following factors: e.g., seniority, training and
special skills.
For any officer who would have received his/her first choice
based on the application of seniority alone, but for the application
of the other above-listed factors does not receive that choice, the
Department will make a good faith effort to have strict seniority
applied to the officer's selections during the next bid cycle.
Section Four. Vacation Leave. The selection of vacation
time will be made from within the various troop shifts, not from
within the troop as a whole. Vacation request forms must be
submitted at the same time that bid shift selection is made.
Section Five. Holiday and Personal Leave. The selection
of holiday and personal leave will remain on a first come, first
served basis and seniority will only be utilized to break a tie in
the case of two or more officers applying at the same time.
Request for personal leave or holiday leave must pertain to time
within the cycle in which the request is made. The granting
and/or denial of personal or holiday leave will be made as soon
as practicable, taking into account the scheduling needs of the
Department.
Section Six. Trooper Trainee Exclusion. New Troopers
will be excluded from the bid shift schedule to complete on-the-
job training for a period of 24 months after their completion of
the Field Training Officer (FTO) Program.
Section Seven. Change of Shifts. Long Term - Any
Sergeant or Trooper may have his/her shift changed upon the
giving of ten days notice. The notice may be oral or written. The
shift assignment may be changed for any legitimate management
reason including, but not limited to, operational needs, training
needs, in-service training, minimum patrol, etc.
Short Term schedule changes shall be governed by Article
XVII Section Nine of the State Police Contract and past practice.
Short Term Exception - Management may schedule required
50
in-service training without advanced notice. Additionally, if a
schedule change is required, it need not be made for an entire
five day workweek. However, management, when practicable,
should give the ten day notice.
In-Service Training Defined - In-service training shall be
defined as mandatory training required of all officers. There
shall be a limit of five (5) short-term schedule changes per person
in a contract year.
General - If a long term schedule change occurs, then the
employee's shift will be changed for the entire five day
workweek unless the employee and management mutually agree
otherwise. When practicable, a rotational reverse seniority
system will be utilized to handle long term assignment changes.
Section Eight. Transfers. When practicable, transfers
should be made to coincide with a bid shift cycle change.
However, nothing in this section shall be construed as allowing
the date of a transfer(s) to be subject to the grievance and
arbitration procedure. This section is merely advisory in nature.
If practicable, officers transferred prior to the close of a
bidding schedule will be permitted to bid at their new Troop
assignments.
Section Nine. Maintenance of Vehicle. No compensatory
time off, nor overtime will be allowed for the maintenance of
department vehicles. Spare cars will be utilized when
maintenance is required.
Section Ten. Seniority. Seniority shall be determined
according to the following criteria:
(1) Time in rank
(2) Time as a sworn officer
(3) Total State service
(4) Coin flip (new coin flip each cycle)
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Section Eleven. Discipline. Bid shift can be denied or
limited for disciplinary reasons subject to just cause.
Section Twelve. Administrative Denial. Bid shift can be
denied or limited to an officer for administrative purposes such as
reassignment to another Troop. (e.g., patrol officer must learn
patrol area during daylight hours, officer has personal problems
and needs to change shifts, officer needs closer supervision, etc.)
This type of administrative assignment is limited to 35 working
days.
Section Thirteen. Denial of Bid Shift/Evaluations.
Management may deny or limit an officer the option to elect a
bid shift if that officer in his/her most current service evaluation
is rated "unsatisfactory" in any one or more categories or who is
rated "improvement needed" in two categories.
Section Fourteen. Emergency Assignments. Bid shift
personnel may be changed to another shift without the payment
of overtime for emergency purposes, pursuant to the provisions
of this Contract.
Section Fifteen. Exclusions to Bid Shift Seniority
Provisions. Dog handlers and motorcycle riders will be assigned
according to seniority outside of the normal bidding of the troop.
Section Sixteen. Resident Troopers. Resident Troopers
are excluded from the bid shift program.
Section Seventeen. Health. The long term effect of steady
shifts on officer's health may be the subject of future discussions
via the Labor-Management Committee.
Section Eighteen. Secondary Employment. The Union
and management recognize the position of a State Police Officer
is demanding and as such no sworn officer shall engage in any
outside employment which adversely affects on the job
performance. Additionally, the union recognizes that if a
problem develops, the employee must give priority to his/her job
as a State Police officer.
52
Nothing in this agreement shall be construed as increasing or
diminishing the impact of Chapter 4.9 of the Administrative and
Operation Manual concerning secondary employment as such
presently exists or as may be modified in the future.
Section Nineteen. Resolution of Differences. During this
agreement there shall be a bid shift committee consisting of three
(3) union and three (3) management representatives which shall
be the exclusive forum to discuss and attempt to resolve disputes.
However, nothing in this Article shall be construed as
diminishing the grievance and/or arbitration rights on any matter
in the contract not directly affected by this Article.
Section Twenty. This Article is not subject to the grievance
and arbitration procedure of this Agreement.
ARTICLE 25
LABOR-MANAGEMENT COMMITTEE
Section One. The parties agree, that in order to provide a
method for promotion of those goals described in the Preamble
and for the purpose of addressing future considerations which
may affect the continuing climate of harmony and mutual
responsibility, there shall be a Labor Management Committee
and similar committees consisting of not more than five
designees of the Employer and not more than five designees of
the employees represented by the Union.
Section Two. Said Committee shall meet no less than
quarterly, and shall discuss application, clarification and aberrant
manifestations of terms and conditions of this Agreement as well
as improvement of the parties' relationships and efficiency and
increased productivity; among other matters, the Committee may
propose additional matters, mutually agreed upon in Committee,
which were not within the contemplation of the parties to this
Agreement but deserve immediate attention or redress, subject to
the provisions of Article 2 (Entire Agreement).
53
Section Three. The Commissioner of Public Safety will be
available to meet informally with the Union President at
reasonable times to discuss the problems of mutual concern.
Section Four. Auxiliary State Police. The Labor-
Management Committee shall meet for the purpose of making
recommendations to the Commissioner of Public Safety in the
following areas:
(1) Defining the duties of auxiliaries with particular
emphasis on listing the types of situations, roles, functions and
duties which auxiliaries should not perform because of the level
of professional police judgment and training required.
(2) Devising a uniform for auxiliaries which is plainly
differentiated from that of State Police.
Section Five. Career Development. (a) The Department
will attempt to notify bargaining unit personnel of career
development opportunities in specialized bureaus and units
within the bargaining unit before such positions are filled.
(b) The Department will cooperate through the Labor-
Management Committee in developing selection criteria and
standards to insure that career development opportunities in
specialized bureaus and units within the bargaining unit and
education training opportunities within the bargaining unit are
filled on the basis of merit.
(c) (1) Whenever the Department decides to fill a vacancy
in any such specialized bureau or unit (not including inter-troop
transfers or intra-troop assignments), the selection shall be based
on qualifications established by the Department, as, for example,
efficiency, training needs, operational needs and prior experience
relating to such vacancy. "Prior experience" will be determined
by evaluating duties performed regardless of prior assignment
(for example, in the case of filling a "detective" vacancy,
regardless whether related duties were performed while assigned
to a C.I. unit or otherwise assigned).
54
(2) If in the judgment of management all such factors are
considered relatively equal, seniority will be utilized.
Management's decision concerning such factors is final unless
the Union can establish that Management exercised such
judgment arbitrarily or capriciously. No junior employee may
grieve the selection of a senior applicant.
(3) An employee selected under this subsection shall
serve a probationary period not to exceed six (6) months. An
employee who fails to complete the probationary period shall
have the right to return to his/her previous assignment.
(4) Specialized bureaus and units presently are:
All District C.I. Units
All District Traffic Squads
All Units in Bureau of Special Investigation
All Units in Bureau of State Fire Marshal
Community Affairs
Emergency Services
Research and Planning
Information Systems
Crimes and Traffic Analysis
Forensic Laboratory
Polygraph
Resident Trooper
(d) The Department and the Union will cooperate through
the Labor-Management Committee in continuing to discuss its
plans for career ladder and/or departmental reorganization.
(e) The State recognizes the importance of maintaining the
professional status of bargaining unit members.
Therefore, personnel of other bargaining units, whether
"sworn" or not, are not considered as "State Police
Officers" and are not considered to have accrued service
as "State Police Officers."
(f) Cooperative Policing. Selection of officers to
cooperative policing assignments at each Troop will
55
normally be from the then current roster of officers
assigned to that Troop.
The Trooper Commander of each Troop shall exercise
his/her discretion in selecting said officers based on criteria
designed to select the officer best able to fill the needs of the
position.
The selection process for cooperative policing assignments
will be a continuing topic of discussion at labor-management
meetings during the term of the contract.
Section Six. Staffing Problems. The Labor-Management
Committee shall be used for continuing discussion between the
Department and the Union concerning departmental staffing
problems. A representative of the Office of Policy and
Management shall be an ex-officio member of the Labor-
Management Committee for the purposes of discussion under
this Section.
Section Seven. Specific safety concerns including the
impact of the Employer's manning decisions of employees safety
shall be addressed by the parties within the framework of the
Labor-Management Committee.
ARTICLE 26
INDEMNIFICATION
During the life of this Agreement, the State Employer will
continue to indemnify persons covered by this Agreement to the
extent provided in Section 4-165, 29-8a and 53-39a of the
Connecticut General Statutes.
ARTICLE 27
SAFETY AND RELATED WORKING CONDITIONS
Section One. Health and Safety Standards. The
Employer acknowledges its duty to comply with all health and
safety rules and regulations which pertain to employees of the
56
State Police Department. The Employer is receptive to
recommendations from employees, through the Union,
concerning ways by which good safety practices can be
promoted. Employees, too, recognize their obligation to report
safety defects and otherwise to cooperate fully in the
maintenance of equipment and facilities. The Employer will
continue to (1) maintain adequate heating and ventilation at each
troop and (2) provide adequate security for personnel and
possessions at each State Police facility.
Section Two. The Union may submit to the Commissioner
of Public Safety any recommendations, with supporting data,
concerning vehicles, arms, munitions, or other equipment.
ARTICLE 28
VACATIONS
Section One. (a) For employees on the payroll June 30,
1977, the present vacation schedule shall remain in force, except
that employees who have completed 20 years of service shall
earn paid vacation credits at the rate of 1-2/3 work days for each
completed calendar month of service. For employees hired on or
after July 1, l977, the following vacation leave shall apply:
0-5 years 1 day per month
over 5 and under 20 1-1/4 days per month
over 20 1-2/3 days per month
(b) On and after January 1, l979, no employee will carry
over without agency permission more than l0 days of vacation
leave to the next year. For employees hired on and before June
30, 1977, the maximum accumulation of vacation leave shall be
120 days. For employees hired on and after July 1, 1977, the
maximum vacation accumulation shall be 60 days and the
maximum carryover 5 days per annum.
Section Two. Vacation Selection. Vacation leave shall be
selected on a rank-by-rank basis within each troop, and for
employees who are not assigned to a troop, on the rank-by-rank
57
basis within each division or recognized work unit. Conflicting
leave requests with each rank, not to exceed annual accrual, will
be resolved in favor of the employee with greater seniority in
rank, excluding war service, by such scheduling adjustments as
the Commanding Officer deems necessary.
Employees who receive Military Leave during the prime
vacation period (May 1-September 30) shall be considered to
have exercised their seniority rights under this section consistent
with existing practice; except that employees who receive no
more than 15 days annual Military Training during the Prime
Vacation period shall ordinarily be permitted to select 5
consecutive days of vacation according to seniority.
ARTICLE 29
OFF-DUTY USE OF STATE VEHICLES
Section One. During the life of this Agreement, the
Employer shall continue to permit the use of assigned vehicles
while off-duty subject to those rules, regulations, and orders
promulgated by the Commissioner of Public Safety and existing
prior to the signature date of this Agreement.
Section Two. The Department will continue to provide the
associated costs for vehicle maintenance consistent with past
practice.
ARTICLE 30
HOLIDAYS
Section One. For the purpose of this Article, holidays are as
follows:
New Year's Day Independence Day
Martin Luther King, Jr. Day Labor Day
Lincoln's Birthday Columbus Day
Washington's Birthday Veteran's Day
Good Friday Thanksgiving Day
Memorial Day Christmas Day
58
Celebrated on days as determined annually by the State
Personnel Department.
Section Two. Employees regularly scheduled to work on a
holiday and who work as scheduled shall continue to receive
their regular pay for the holiday plus either extra pay at straight
time or compensatory time off for all such holidays worked,
subject to the provisions of Article 17, Section Seven.
Employees not regularly scheduled to work on a holiday shall
continue to receive compensatory time off and not cash for a
holiday falling on a scheduled work day.
Section Three. Whenever a holiday falls on an
employee's scheduled day off, he will receive a compensatory
day off. An employee who is called in on a holiday shall, if
otherwise eligible, receive overtime at the applicable rate.
ARTICLE 31
RETIREMENT
Retirement is a subject in another agreement. Retirement is
not part of this Agreement.
ARTICLE 32
SICK LEAVE, PERSONAL LEAVE, OR OTHER PAID OR UNPAID
LEAVE OF ABSENCES
Section One. Except where varied in this Agreement, the
State will continue in force its written rules and regulations with
reference to sick leave, personal leave, or other paid or unpaid
leave of absences.
Section Two. Sick Leave Bank. (a) A sick leave bank is
established for use by bargaining unit employees who have
completed their probationary period, have exhausted their own
sick leave, and who have established that they are suffering from
a serious continuing illness or injury not job-related.
(b) If the sick leave bank is exhausted prior to the expiration
of this Agreement, the parties shall take necessary action,
59
through the Labor-Management Committee, to replenish the
Bank.
(c) The Sick Leave Bank Committee (SLBC) composed of
an equal number of labor and management representatives shall
determine the eligibility for the use of the bank and the amount of
leave to be granted, provided the following criteria are met.
i. Completion of probationary period.
ii. Used up all his sick leave.
iii. Consecutive absence on account of illness or injury is
likely to continue in the future.
iv. Adequate medical evidence that the illness or injury is
likely to continue in the future.
v. Adequate medical evidence that he will likely return
to full-time police work without any limitation of function or
disability. In no event will the sick leave bank be used to
postpone disability retirement.
vi. No prior record of sick leave abuse for which the
employee has been disciplined on or after July 1, 1985.
Special exceptions to subsection i., iii., and vi. may be
granted at the discretion of the SLBC if the other criteria are met.
Section Three. Sick leave bank days will not be used to
supplement worker's compensation payments.
Section Four. Unused sick leave bank time shall be carried
over from year to year.
ARTICLE 33
MISCELLANEOUS
Section One. The parties will share the cost of printing the
Agreement in booklet form.
Section Two. Except where varied in this Agreement, the
State will continue in force its written rules and regulations with
60
reference to eligibility for meals or reimbursement therefore,
death benefits and uniform allowance.
Section Three. During the life of this Agreement, the State
will not increase the cost to employees for uniforms and
equipment.
Section Four. References in this Agreement to "rules and
regulations" refer to the "Blue Book" Regulations of the
Personnel Policy Board as amended from time to time prior to
the date of signing this Agreement, including all applicable
General Letters and Q-Items.
Section Five. If a court appearance arises out of or is
requested by or on behalf of the State, the employee shall be paid
for such time and if the employee's presence is required beyond
his or her normal work day, such time shall be paid in accordance
with the overtime provisions of this Agreement.
Section Six. Military Leave. The present military leave
policy shall remain in force except that paid leave for military
call-ups shall be limited to unscheduled emergencies.
Section Seven. The State shall provide uninsured /
underinsured coverage for the State Fleet Insurance of
$l,000,000.
Section Eight. The current Standard State Travel
Regulations shall govern out-of-state travel except for meal
reimbursements which shall be:
Breakfast $ 6.00
Lunch 8.00
Dinner 18.00
In such instances of out-of-state travel employees shall not

put in for meal allowance as permitted by Article 19 of this
Agreement.
Section Nine. In addition to any life insurance coverage
available pursuant to Section 5-257(b) of the Connecticut
61
General Statutes, optional group life insurance coverage up to a
maximum of fifty thousand dollars ($50,000.00) may be
purchased by any employee in the bargaining unit. The state
comptroller shall deduct the necessary amount from the
employee's pay and shall pay the premiums on such policy or
policies. Any dividend or other refunds or rate credits shall inure
to the benefit of the state and shall be applied to the cost of such
insurance. Such optional coverage shall not be included when
calculating the amount of reduced life insurance coverage due
retired employees pursuant of Section 5-257(d) of the
Connecticut General Statutes.
Section Ten. (a). There shall continue to be a joint labor-
management committee composed of two representatives
designated by labor and two representatives designated by
management. A chairman of the committee will be selected by
the labor and management representatives if either side requests.
The Committee shall have authority to dispense funds allocated
to the committee under this contract subject only to government
purchasing regulations.
(b) the Committee shall recommend to the Commissioner
of Public Safety other measures it feels necessary to
accomplish its goals of eliminating and/or reducing
stress among the officers.
(c) The sum of $53,354 currently in the 1999-2000
Department of Public Safety budget for the
management of occupational stress is referentially
included in this Agreement commencing with the 1999-
2000 contract year. The sum of $53,354 will be
provided in each of the contract years in this
Agreement. Unexpended funds may be carried over
from year to year, however, such funds shall not carry
over beyond June 30, 2004.
62
ARTICLE 34
LEGISLATIVE ACTION
The cost items contained in this Agreement and the
provisions of this Agreement which newly supersede pre-
existing statutes shall not become effective unless or until
legislative approval has been granted pursuant to C.G.S.
Section 5-278. The State Employer shall request such approval
as provided in said Section. If the legislature rejects such
request as a whole, the parties shall return to the bargaining
table.
ARTICLE 35
SAVINGS CLAUSE
Should any provisions of this Agreement be found unlawful
by a court of competent jurisdiction, at the request of either party
negotiations shall commence solely on any such provision which
is a mandatory subject of bargaining. Article 2 notwithstanding;
provided, however, negotiations shall not be required during the
pendency of any appeal unless the particular provision is no
longer being implemented.
ARTICLE 36
SUPERSEDENCE
The inclusion of language in this Agreement concerning
matters formerly governed by law, regulation, or policy directive
shall not be deemed a preemption of the entire subject matter.
Accordingly, statutes, rules, regulations, and administrative
directives or orders shall not be construed to be superseded by
any provision of this Agreement except as provided in the
Supersedence Appendix to this Agreement, or where, by
necessary implication, no other construction is tenable.
63
ARTICLE 37
DURATION OF AGREEMENT AND NEGOTIATION REOPENERS
This Agreement covers the period July 1, 1999 to June 30,
2004. Language changes herein shall become effective upon
legislative approval unless stated to the contrary.
The parties agree to reopen this Agreement under the
provisions of C.G.S. Section 5-276a to bargain over the
following two specific issues:
1. Commencing August 1, 2000, the parties shall begin
negotiations regarding a contractual employee drug
testing provision;
2. Commencing on/or about August 1, 2002, the parties
shall begin negotiations regarding the contractual
inclusion of an education incentive provision. If such
a provision is either negotiated or awarded as a result
of interest arbitration the parties agree the effective
date of any education incentive will not be until at least
the 2003-2004 contract year.
Negotiations for a successor to this Agreement shall
commence within the timetable established under C.G.S.
Section 5-276a(a) unless agreed otherwise by the parties.
The request to commence negotiations shall be in writing,
sent certified mail, by the requesting party to the other
party.
64
APPENDIX A
STATE POLICE LONGEVITY SCHEDULE
10 15 20 25
YEARS YEARS YEARS YEARS
Trooper 103.25 206.50 309.75 413.00
Trooper
First Class 109.00 218.00 327.00 436.00
Sergeant 114.75 229.50 344.25 459.00
Master
Sergeant 131.25 262.50 393.75 525.00
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APPENDIX B
ADDITIONAL UNDERSTANDING
ZERO TOLERANCE POLICY
This policy is to ensure that State Police officers drive their
cruisers as safely as possible.
A. General Statement of Policy
Pursuant to Sections 14-227a and 14-227b of the
Connecticut General Statutes, no officer shall operate a state
vehicle while under the influence of liquor or drugs.
Furthermore, it is the policy of our department that officers
maintain a zero percent ratio of alcohol or drugs in their blood
while operating a state vehicle, except as otherwise provided.
B. On Duty
Except when authorized by the Department for special
assignments, an officer shall not operate a state vehicle on duty
under the following circumstances:
(a) The employee is consuming alcohol or drugs.
(b) The employee has alcohol or drugs in his or her
system.
C. Off Duty
While off duty all officers will be subject to all motor
vehicle laws of the State of Connecticut and each officer will
strive to act as an example for the citizens of Connecticut.
D. Exceptions to this policy are that it shall not apply to the
legal use of prescription drugs or over the counter medication
being taken for any illness or sickness.
E. When off duty and called to duty each officer shall
disclose to his/her immediate supervisor any aspect of their
condition which may potentially place them in violation of this
policy. The decision on whether to proceed to duty will be made
by the supervisor.
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APPENDIX C
FAMILY AND MEDICAL LEAVE FROM EMPLOYMENT
(REGULATIONS REFERENCED IN ARTICLE 23, SECTION THREE)
(a) Each permanent employee, as defined in subsection (s)
of section 1-196, shall be entitled to the following: (1) A
maximum of twenty-four weeks of family leave of absence
within any two-year period upon the birth or adoption of a
child of such employee, or upon the serious illness of a child,
spouse or parent of such employee; and (2) a maximum of
twenty-four weeks of medical leave of absence within any two-
year period upon the serious illness of such employee. Any
such leave of absence shall be without pay. Upon the
expiration of any such leave of absence, the employee shall be
entitled (A) to return to the employee's original job from which
the leave of absence was provided or, if not available, to an
equivalent position with equivalent pay, except that in the case
of a medical leave, if the employee is medically unable to
perform the employee's original job upon the expiration of such
leave the personnel division of the department of
administrative services shall endeavor to find other suitable
work for such employee in state service, and (B) to all
accumulated seniority, retirement fringe benefit and other
service credits the employee had at the commencement of such
leave. Such service credits shall not accrue during the period
of the leave of absence.
(b) The leave of absence benefits granted by this section
shall be in addition to any other paid leave benefits and
benefits provided under subdivision (7) of subsection (a) of
section 46a-60 which are otherwise available to the employee.
(c) Any permanent employee who requests a medical
leave of absence due to the employee’s serious illness or a
family leave of absence due to the serious illness of a child,
spouse or parent pursuant to subsection (a) of this section shall
67
be required by the employee’s appointing authority, prior to the
inception of such leave, to provide sufficient written
certification from the physician of such employee, child spouse
or parent of the nature of such illness and its probable duration.
For the purposes of this section, “serious illness” means an
illness, injury, impairment or physical or mental condition that
involves (1) inpatient care in a hospital, hospice or residential
care facility or (2) continuing treatment or continuing
supervision by a health care provider.
(d) Any permanent employee who requests a family leave
of absence pursuant to subsection (a) of this section shall
submit to the employee's appointing authority, prior to the
inception of such leave, a signed statement of the employee's
intent to return to the employee's position instate service upon
the termination of such leave.
(e) Notwithstanding the provisions of subsection (b) of
section 38a-554, the state shall pay for the continuation of
health insurance benefits for the employee during any leave of
absence taken pursuant to this section. In order to continue any
other health insurance coverages during such leave, the
employee shall contribute that portion of the premium the
employee would have been required to contribute had the
employee remained an active employee during the leave
period.
(f) On or before July 1, 1989, and annually thereafter, the
commissioner of administrative services shall report to the
general assembly on the extent of use by permanent employees
of leaves of absence pursuant to this section in the preceding
twelve-month period, and the impact of such use on state
employment. The commissioner shall gather necessary
information for such reports in accordance with regulations
adopted pursuant to section 5-248b.
68
5-248b. Regulations. Family and medical leave from
employment.
On or before July 1, 1988, the commissioner of
administrative services shall adopt regulations, in accordance
with the provisions of chapter 54 which establish procedures
and guidelines necessary to implement the provisions of
section 5-248a, including but not limited to procedures for the
periodic reporting by state agencies to the commissioner of
their current experience with leaves of absence taken pursuant
to said section. Such regulations may be adopted by the
commissioner prior to July 1, 988, but may not take effect prior
to that date.
Sec. 5-248b-1. Definitions
(a) Family Leave means an unpaid leave not exceeding a
maximum of twenty-four weeks in any two year period granted
upon the birth or adoption of a child by an employee, or upon
the serious illness of a child, spouse or parent of an employee.
(b) Medical Leave means an unpaid leave of absence not
exceeding a maximum of twenty-four weeks in any two year
period granted upon the serious illness of an employee in
addition to existing sick leave benefits.
(c) Permanent Employee means an employee holding a
position in the classified service under a permanent
appointment or an employee holding a position in the
unclassified service who has served in such a position for a
period of more than six months, except employees in positions
funded in whole or in part by the federal government as part of
any public service employment program, on the job training
program or work experience program.
(d) Serious Illness means an illness, injury, impairment or
physical or mental condition that involves (1) inpatient care in
a hospital, hospice or residential care facility or (2) continuing
treatment or continuing supervision by a health care provider.
69
Sec. 5-248b-2. Procedures for family and medical leave
(a) Any permanent employee seeking a family or medical
leave of absence without pay from state service shall submit a
request to the appointing authority who shall review this
request promptly for conformance with the requirements of
Public Act 87-291 and these regulations. The appointing
authority shall notify the Commissioner of Administrative
Services of action taken.
(b) Family or medical leave shall be for the period of time
granted and shall not exceed twenty-four weeks over a two
year period. The two year period shall begin with the first day
of the family or medical leave and end two years after that
date. Any requests for extensions must be submitted and
approved in the same manner as the initial request and reported
to the Commissioner of Administrative Services.
(c) The position of the employee shall be held for the
duration of the leave except that the appointing authority may
fill a vacancy created by a leave of absence without pay on a
durational basis if the position is being held without the
necessity of creating an additional position.
(d) Upon the expiration of the leave of absence, the
employee shall be entitled to all accumulated seniority,
retirement, fringe benefits and other service credits which the
employee had at the commencement of such leave. Such
service credits shall not accrue during the period of the leave of
absence.
Sec. 5-248b-3. Family leave--birth
(a) A request to the appointing authority for parental leave
for the birth of a child shall include:
(1) A statement of the need for absence from work, the
beginning and ending dates of the leave desired and a statement
of the intent to return to work upon completion of the leave.
70
Sec. 5-248b-4. Family leave--adoption
(a) A request to the appointing authority for family leave
for the adoption of a child shall include:
(1) A letter from the adoption agency establishing the
date of adoption. Early submission may be made upon receipt
of notification of impending adoption to be effective on the
actual date of adoption.
(2) A statement of the need for absence from work, the
beginning and ending dates of the leave desired and a statement
of intent to return to work upon completion of the leave.
Sec. 5-248b-5. Family leave--serious illness of child
(a) A request to the appointing authority for a family leave
to care for a seriously ill child shall include:
(1) A statement of need of absence from work to care
for the child, the beginning and anticipated ending dates of the
leave desired and a statement of intent to return to work upon
completion of the leave.
(2) A physician's statement of diagnosis and prognosis.
(b) Family Leave for illness of children in the employee's
family may not exceed twenty-four (24) weeks in a two (2)
year period regardless of the number of children in the family.
Sec. 5-248b-6. Family leave--serious illness of spouse or
parent
(a) A request to the appointing authority for leave to care
for seriously ill spouse or parent shall include:
(1) A statement of the need of absence from work to
care for the spouse or parent, the beginning and anticipated
ending dates of the leave desired and a statement of intent to
return to work upon completion of the leave.
(2) A physician's statement of diagnosis of the spouse
or parent, certification that the medical condition of the spouse
or parent is a serious illness as defined in Section 1 of these
71
regulations, and an estimate of the anticipated length of the
serious illness of the employee's spouse or parent.
Sec. 5-248b-7. Medical leave--serious illness of employee
(a) Requests for medical leave because of serious illness of
the employee shall include:
(1) The beginning and anticipated ending dates of the
leave desired and a statement of the intent to return to work
upon completion of the leave if medically able.
(2) A physician's statement of the diagnosis and
prognosis of the employee's illness and an estimate of the
anticipated period of the illness.
(b) The appointing authority may seek the advice of
Health Services for State Employees for verification and/or
interpretation of the physician's statements as needed for
review of the request for unpaid medical leave.
Sec. 5-248b-8. Return of employees following leave
(a) Upon expiration of the leave of absence, the employee shall
be entitled to return to the position in state service which the
employee held at the time the employee commenced the leave
of absence or, if that position is unavailable, to an equivalent
position with equivalent pay.
(b) The Personnel Division of the Department of
Administrative Services shall endeavor to find other suitable
work in state service for an employee who is medically unable
to perform the duties of the position in state service which the
employee held at the commencement of the leave of absence.
Sec. 5-248b-9. Reporting of family and medical leave use
(a) On or before April 1st of each year, each appointing
authority shall submit a report to the Commissioner of
Administrative Services setting forth:
(1) The number of family and medical leaves granted
and their duration.
72
(2) The number of family and medical leaves denied
and the reasons for denial.
(3) An assessment of the impact of family and medical
leave use on the work of the department, including use of
overtime, replacements and other relevant information.
(b) On or before July 1 of each year, the Commissioner of
Administrative Services shall report to the General Assembly
on the extent of use of leaves of absence, and the impact of
such use on state employment.
APPENDIX D
(REGULATIONS REFERENCED IN ARTICLE 32, SECTION ONE)
SICK LEAVE
Sec. 5-247-1. Sick leave
(a) Except as otherwise provided by statute, all employees
in state service shall accrue sick leave for continuous service
from the date of initial employment but are not credited with or
eligible to use it until such time as they are employed in a
permanent position.
Sec. 5-247-2. Rate of accrual
(a) Sick leave accrues at the rate of one and one-quarter
working days per completed calendar month of continuous full-
time service, which may be computed on an hourly basis,
including authorized leave with pay provided that:
(1) such leave starts to accrue only on the first working
day of the calendar month and is credited to the eligible
employee on the completion of the calendar month;
(2) an eligible employee employed on less than a full-
time basis shall be granted leave in proportion to the amount of
time worked as recorded in the attendance and leave records;
(3) no such leave will accrue for any calendar month in
which an employee is on leave of absence without pay an
aggregate of more than three working days;
73
(4) sick leave shall accrue for the first twelve months in
which an employee is receiving compensation benefits in
accordance with section 5-142 or 5-143 of the General Statutes.
Sec. 5-247-3. Granting sick leave
The appointing authority shall grant sick leave to the
eligible employee who is incapacitated for duty. During such
leave the employee is compensated in full and retains his
employment benefits. Such leave shall not be granted for
periods of time during which the employee is receiving
compensation in accordance with section 5-142 or 5-143 of the
General Statutes except to the extent permitted by said
sections, or for recuperation from an illness or injury which is
directly traceable to employment by an employer other than the
state of Connecticut or for any day or period during which such
employee performs full-time employment for another
employer.
Sec. 5-247-4. Basis for eligibility
(a) An eligible employee shall be granted sick leave
(1) for medical, dental, or eye examination or treatment
for which arrangements cannot be made outside of working
hours;
(2) in the event of death in the immediate family when
as much as three working days leave with pay shall be granted.
Immediate family means husband, wife, father, mother, sister,
brother, or child, and also any relative who is domiciled in the
employee's household;
(3) in the event of critical illness or severe injury to a
member of the immediate family creating an emergency,
provided that not more than three days of sick leave per
calendar year shall be granted therefor;
(4) for going to, attending, and returning from funerals
of persons other than members of the immediate family, if
permission is requested and approved in advance by the
74
appointing authority and provided that not more than three
days of sick leave per calendar year shall be granted therefor.
Sec. 5-247-5. Advance sick leave
(a) No sick leave in excess of the leave accumulated to the
employee's credit may be granted by the appointing authority
unless approved by the Commissioner of Administrative
Services. Such authorization shall be granted only in cases
involving extended periods of illness or injury. In requesting
an advance of sick leave the appointing authority shall submit
the following facts for the consideration of the Commissioner
of Administrative Services:
(1) The length of state service of the employee;
(2) The classification of the employee;
(3) The sick leave record of the employee for the
current and for the four preceding calendar years;
(4) A medical certificate which shall be on the
prescribed form and which shall include the nature of the
illness, the prognosis, and the probable date when the
employee will return to work.
(b) No advance of sick leave may be authorized unless the
employee shall have first exhausted all accrual to his credit for
sick leave, personal leave, earned lieu time and for vacation
leave, including current accruals. No advance of sick leave
may be granted unless an employee has completed at least five
years of full time work service. If approved, such extension
shall be on the basis of one day at full pay for each completed
year of full time work service. In no case shall advanced sick
leave exceed thirty days at full pay.
(c) Any such advanced sick leave as may be granted by the
Commissioner of Administrative Services shall be repaid by a
charge against such sick leave as the employee may
subsequently accrue. No repayment of advanced sick leave
shall be required until the employee has first accrued five days
of sick leave following his return to duty.
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Sec. 5-247-6. Extended sick leave
An employee who has at least twenty years of state service
and who has exhausted his sick leave and his advance of sick
leave may be granted extended sick leave with half pay for
thirty days upon the appointing authority's request and subject
to approval by the Commissioner of Administrative Services.
Sec. 5-247-7. Sickness when on vacation
If an employee is sick while on annual vacation leave the
time shall be charged against accrued sick leave if supported by
a medical certificate filed with the appointing authority.
Sec. 5-247-8. Holidays occurring when on sick leave
A holiday occurring when an employee is on sick leave
shall be counted as a holiday and not charged as sick leave.
When a full day off is granted by the act of the Governor, an
employee on sick leave shall not be charged as being on sick
leave.
Sec. 5-247-9. Effect of layoff on accrued sick leave
An employee laid off shall retain accrued sick leave to his
credit provided he returns to state service on a permanent basis.
Sec. 5-247-10. Reemployment
An employee who has resigned from state service in good
standing and who is reemployed within one year from the
effective date of his resignation shall retain sick leave accrued
to his credit as of the effective date of his resignation.
Sec. 5-247-11. Medical certificate
(a) An acceptable medical certificate, which must be on
the form prescribed by the Commissioner of Administrative
Services and signed by a licensed physician or other
practitioner whose method of healing is recognized by the
state, will be required of an employee by his appointing
authority to substantiate a request for sick leave for the
following reasons:
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(1) Any period of absence consisting of more than five
consecutive working days;
(2) to support request for sick leave of any duration
during annual vacation;
(3) leave of any duration if absence from duty recurs
frequently or habitually provided the employee has been
notified that a certificate will be required;
(4) leave of any duration when evidence indicates
reasonable cause for requiring such a certificate.
The Commissioner of Administrative Services or the
appointing authority may provide a State physician to make a
further examination.
Sec. 5-247-12. Records
All sick leave shall be recorded in the attendance records
of the appointing authority. Such records shall reflect the
current amount of accrued leave, the amount and dates when
leave was taken, and the current balance available to each
employee. The records shall be subject to review by the
Commissioner of Administrative Services and said records
shall be available at reasonable times to the employee
concerned.
APPENDIX E
UNDERSTANDINGS
"HCP AND OPA" OVERTIME ASSIGNMENTS
In instances when a "HCP" or "OPA" overtime shift
assignment immediately precedes or follows a normal duty
shift both assignments shall be administered independent from
the other for purposes of meal allowance determination.
One assignment shall not be a limiting factor on the other
assignment.
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As an example:
A full shift "HCP" assignment immediately following a
normal duty shift shall result in full meal allowance for each
shift.
The four (4) meal limitation applicable to "HCP" and
"OPA" assignments during a day and the same limitation
applicable to a regular duty and/or overtime shift during a day
shall not be applicable to a day in which an employee works
both types of assignments as described above.
Additionally, no personnel shall work:
(a) More than two (2) regular day leaves during a work
week.
(b) More than 18 hours in any 24 hour period.
(c) These restrictions may be waived with the permission
of the commanding officer of his designee.
APPENDIX F
LETTER OF CLARIFICATION
RE: ARTICLE 15. SECTION SEVEN (A)
1. The Agency recognizes that in accordance with NLRB
V. Weingarten, 420 U.S. 251 (1975), and Article 15, Section
Seven (a) of the NP-1 Contract, employees who believe that an
interview could lead to possible discipline are permitted to be
accompanied by a Union steward, Union representative or
other bargaining unit employee of his or her choice during an
investigative interview.
2. If a Union steward, Union representative or other
bargaining unit employee of the employee's choice is
unavailable for the investigative interview, the investigative
interview shall be scheduled so as to give the employee an
opportunity to have the representative of his/her choice
available, so long as the selection of a Union steward,
78
representative or other bargaining unit employee does not
cause undue delay or hardship.
APPENDIX G
STIPULATION REGARDING
ELIGIBILITY FOR NIGHT SHIFT DIFFERENTIAL
The Connecticut State Police Union and the State of
Connecticut, Department of Public Safety, division of State
Police, agree to the following guidelines and statements of
purpose, in order to resolve unanticipated disputes which may
arise concerning eligibility for shift differential after the
execution of this agreement.
As a general rule, the shift differential payment is for all
employees in the NP-1 bargaining unit and for those tours of
duty which begin after 1400 hours and before 0600 hours. In
such cases, employees are paid for the entire shift. Shift
differential is paid for the inconvenience and disruption due to
performing work outside of normal working hours.
The following examples have been discussed and the
parties agree to the following:
1. The Trooper works a regular day shift at the Troop
from 0700-1630 hours. There would be no shift differential.
The Trooper comes in at 0500 hours and works until
1630 hours. The whole shift would be shift differential and it
would also be approximately two hours of overtime shift
differential.
2. The Trooper starts at 0700 hours and works until
2000 hours, with a half hour for meal break. There would be
no shift differential.
3. The Trooper starts at 0700 hours and works until
1630 hours. He/she then has an hour or so break, goes home
and gets called back in at 1800 hours and works until 2400
hours. There would be overtime shift differential.
79
4. The Trooper is off. He/she is called in at 0500 hours
and works until 1100 hours. There would be overtime shift
differential in this situation.
5. The Trooper is working the evening shift and works
1500-2330 hours. There would be shift differential for the
entire shift.
6. The Trooper generally works evenings, 1500-2330
hours. He/she is called in at 1300 hours and worked until 2330
hours. No overtime shift differential or shift differential before
1400 hours, but OT shift differential for 1 hours, (1400-1500)
and regular shift differential for the rest of the shift.
7. The Trooper is off and is called into work at 1300
hours and works until 2200 hours, nine hours. There would be
no shift differential payment from 1300 - 1400 hours. From
1400 - 2200 hours, shift differential at the overtime rate would
be paid.
(a) The Trooper is off and is called into
work at 0700 hours and works until 2200 hours. There would
be no shift differential from 0700-1400 hours. From 1400-
2200 hours, shift differential at the overtime rate would be
paid.
8. The Trooper is off and gets called in at 1800 hours
and works until 0100 hours. The Trooper is paid overtime and
shift differential overtime.
9. The Trooper is working midnight's and starts at 2230
hours, but works and extended shift until 1100 hours.
Overtime shift differential for the period of time extending
beyond his/her midnight shift differential would be paid.
He/she would get shift differential for the extended overtime
hours.
10. The Trooper is off and works a 5/2, 4/3 schedule
and works 0800 - 1730 hours. There is no shift differential, just
overtime. Now the same Trooper is off, but gets called in at
0500 hours and works until 1730 hours. Again, he/she receives
overtime and also overtime shift differential.
80
If, after the signing of this agreement, a dispute or
disputes arise concerning eligibility for shift differential
payment, the parties shall meet to attempt to resolve the issues
consistent with this document.
81
APPENDIX H
SUPERSEDENCE
STATE POLICE (NP-1) AGREEMENT

Effective 7/1/99 - 6/30/04
CONTRACT STATUTE OR
PROVISION REFERENCE REGULATION AMENDED
C.G.S. 29-5f elimination Article 12 C.G.S. 29-5f

of appointment seniority
in higher rank.
Single annual increment Article 12

anniversary date for Article 20
each academy class.
Grievance and arbitration Article 14 C.G.S. 1-200 et seq

procedure privacy
Pay increases: Article 19, C.G.S. 5-200(l)(n)

General Wage Section One
Annual increment
Increment adjustments (SP-1)
Meal allowance increase Article 19, C.G.S. 29-4; Dept

Section Two Rules & Regulations
Off-duty canine care Article 19,

hourly rate increase Section Eleven
The above listing does not include previous supersedence appendices from
prior contract periods although not printed herein such remain applicable.
82
CONNECTICUT STATE POLICE UNION APPENDIX I
PAY PLANS
I-1 SP Pay Plan Effective 6-15-99 to 1-13-2000
I-2 SP Pay Plan Effective January 14, 2000
I-3 SP Pay Plan Effective June 30, 2000
83
BARGAINING COMMITTEE
Kevin McGurk, Chairman
Trooper First Class, Fire Marshall's Office
John Bement
Trooper First Class, Resident Trooper, Barkhamsted
William Bowyer
Trooper First Class, Resident Trooper, North Stonington
Jay Hall
Trooper First Class, Troop H
John Kolosky
Master Sergeant, Trooper W
David LeBlanc
Trooper First Class, Eastern District, Major Crime Squad
Joseph Skibek
Sergeant, Troop I
Jeremiah McGuire
Labor Agent
Attorney Robert J. Krzys

Chief Negotiator
84
BARGAINING TEAM
STATE POLICE
Timothy Barry
Lieutenant Colonel
Peter Warren
Captain
Joseph Davis
Captain
Gregory Senick
Captain
Lawrence Gibeault
Lieutenant
Steven Fields
Lieutenant
John Butula
Lieutenant
Cathy Simpson
OFFICE OF LABOR RELATIONS

John A. Nord, Jr.
Chief Negotiator
85

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STATE POLICE

CONNECTICUT STATE POLICE UNION

EFFECTIVE: JULY 1, 1999 EXPIRING: JUNE 30, 2004

In such instances of out-of-state travel employees shall not

Trooper 103.25 206.50 309.75 413.00

Sergeant 114.75 229.50 344.25 459.00

STATE POLICE (NP-1) AGREEMENT

C.G.S. 29-5f elimination Article 12 C.G.S. 29-5f

Single annual increment Article 12

Grievance and arbitration Article 14 C.G.S. 1-200 et seq

Pay increases: Article 19, C.G.S. 5-200(l)(n)

Meal allowance increase Article 19, C.G.S. 29-4; Dept

Off-duty canine care Article 19,

I-2 SP Pay Plan Effective January 14, 2000

I-3 SP Pay Plan Effective June 30, 2000

I-4 SP Pay Plan Effective June 29, 2001

I-5 SP Pay Plan Effective June 28, 2002

I-6 SP Pay Plan Effective June 27, 2003

Attorney Robert J. Krzys

OFFICE OF LABOR RELATIONS

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